Facts

The City of San Diego maintained a rope barrier to protect seals from beach-goers at Children's Pool beach in La Jolla. The City planned to remove the rope on May 15, which marked the end of pupping season, after the City's Planning Commission denied a request for a coastal development permit to maintain a permanent rope.

PLAINTIFF'S CONTENTIONS:
Bryan Pease and the Animal Protection and Rescue League, filed suit challenging the Planning Commission's authority to deny a permit after the mayor and City Council had approved as a guideline. They contended that the rope was necessary to minimize human interaction with the seals.

DEFENDANT'S CONTENTIONS:
The Planning Commission had denied the permit, finding a permanent rope didn't meet specific requirements, such as a showing how the rope would enhance beach access.

Result

After issuing a preliminary injunction keeping the rope up, the court lifted the injunction, finding there was no showing of irreparable harm to the seals.