The last time we saw Voldemort, I mean Vinod Khosla, the Silicon Valley billionaire was playing the role of mystical villain to local beachgoers. The venture capitalist purchased property in San Mateo County that contained a private access road -- the only access to Martin's Beach, which is otherwise surrounded by cliffs -- and closed off the road.
The history nerd in us quivered: The case involved property rights derived from the freaking Treaty of Guadalupe Hidalgo. Yeah, that one, the one that predated America and ended the Mexican-American War. These exact land rights were upheld by the U.S. Supreme Court in 1860, a few years before the California Constitution was revised to protect water access. Last October, a judge ruled that because the grant and treaty predated California's Constitution, Khosla's land was exempt from state law.
Yesterday, in a parallel case, a second judge reopened access to the beach, but it may be only temporary -- her holding was that Kosla was missing a permit. Still, two more challenges, in the legislature and in a state agency, are pending.