08/02/22 Message from Kirk Gafill

Re: Letter from the Big Sur LCP Defense Committee legal counsel regarding the County Issuance of the Estoppel Letter Dated June 16, 2022 (Link to letter here)

Following the unfortunate and problematic decision by Monterey County to issue an estoppel letter to effectively end enforcement of Short Term Rentals, the Defense Committee has been in discussions with our legal counsel to evaluate how we can best seek to have the County reverse or modify this decision to protect the Big Sur Planning Area from current and additional illegal and unpermitted Short Term Rental activity.

We believe that there is a strong case based on law and factual evidence to support the exclusion of the Big Sur Planning Area from the estoppel letter and the attached Comment Letter from our counsel makes this case.  It is our hope that the County will respond in a timely manner and enter into a tolling agreement to allow for discussions on how to best modify the estoppel letter to ensure its provisions are not in conflict with the Big Sur Land Use Plan.  

Should the County choose not to work with the Defense Committee to reach a workable solution, then the Defense Committee is seriously considering filing a lawsuit against the County on the grounds provided in the letter. (Letter Attached here)


Kirk Gafill

Big Sur Local Coastal Program Defense Committee