Court rules Malibu resident must allow access to beach

LOS ANGELES (AP) -- A Malibu homeowner was ordered by the California Court of Appeals this past week to allow public access to one of the most exclusive beaches in Southern California.

In a decision filed Monday, Carbon Beach resident Lisette Ackerberg was ordered to remove a 9-foot wall and other obstacles from paths next to her mansion.

The panel upheld a lower court's decision favoring the California Coastal Commission's order to remove unpermitted development blocking a public access easement on her property.

Battles over such access are ongoing in Malibu even though beach access is ensured by California's Coastal Act of 1976.

Malibu residents have been known to post fake “no parking” and “private beach” signs to keep the public out.

A call and an email to Ackerberg's attorney seeking comment were not immediately returned.

Coastal commission spokeswoman Sarah Christie said state regulators originally issued two permits for development on two beachfront lots, allowing construction of a large house, pool, tennis court and a 140-foot long seawall.

In return, the property owners were required to keep two easements across the property, but instead, Ackerberg blocked both public access areas, Christie said.

“This property owner has enjoyed the benefits of their coastal development for many years, while blocking the beach access lawfully required by the Coastal Commission on behalf of the public,” said Charles Lester, the commission's executive director.

The order requires the easement be opened to allow a third path of access to a 1.5-mile stretch of Carbon Beach.

“We are grateful that the court agrees the time has come to open this new access way for public use,” Lester said. “It's a great stretch of beach, and a tremendous resource for current and future generations.”

Prior to the decision, the easement became a source of controversy.

Regulators had tasked a nonprofit called Access for All with working to open the pathway, but the group instead struck a deal with Ackerberg.

In exchange for money and lawyer's fees to open a different pathway, the group agreed to help Ackerberg get rid of proposed beach access next to her home.

Coastal Conservancy officials took back legal control from the nonprofit.

Ackerberg can petition the California Supreme Court for review within 60 days.

If the decision is accepted, regulators say the path could reopen in as soon as three months, depending on how much work is required to make it safe for the public.