A West Marin group fighting for more public access to Seadrift beach in Stinson Beach struck out Friday in their third effort to sue property owners in the Seadrift subdivision.
Superior Court Judge Gary Thomas again ruled that members of COAST (Citizens for Open Access to Sand and Tide) cannot sue for access on behalf of the general public, but only as individuals.
Edgar Washburn, attorney for the more than 200 landowners at Seadrift, said COAST has "tried to amend their claim three times... They're through unless they appeal."
Which is exactly what COAST plans to do, said group attorney Dotty LeMieux of Bolinas. "Public use [of Seadrift Beach] has been established since the '20s," she said. "We just want the court to recognize that this right exists for everybody."
The lawsuit aimed to expand public access and activities at Seadrift Beach, which had been limited in an agreement between Seadrift landowners and state agencies in 1994.
Since Judge Thomas' original rejection of the suit in June, COAST attorneys amended their claim by limiting the petitioners to individual COAST members. The non-profit group includes about 200 West Marin residents, three of whom are COAST attorneys, said board member Cela O'Connor of Dogtown.
If one individual claims the right [successfully], the court would then have to acknowledge that the public [at large] has a recreational easement," said COAST attorney Chip Post. "We think the court made the same mistake three times."
If COAST's appeal is successful, the suit would likely end up back in Thomas' court. If it fails, Post said the next step would be to petition the state Supreme Court.