Since purchasing a property on Martin’s Beach in California in 2008, billionaire venture capitalist Vinod Khosla has had an ongoing battle with local surfers who frequent the spot regarding whether or not they have the right to access the beach. Last Wednesday, Superior Court Judge Barbara Mallach ruled in favor of the surfers and told Khlosa he did not have the right to block access to the beach—for the time being.

In 2010, Khlosa decided to close the public access gate the surfers used because of both maintenance and liability insurance. While the property’s previous owners easily provided beach access to the public via a small parking fee, the new tenant put a lock on the gate and painted over a state sign that promoted the area. He even hired security guards to keep watch for possible trespassers. After the closure, several surfers were in fact caught trespassing while attempting to access the waves in 2012.

Non-profit organization Surfrider Foundation filed suit in March 2013, stating state laws regarding public access were being violated. Khlosa retorted, claiming that although the beach is public, the road that leads to it—the only access point—is his private land.

As part of the ruling, Mallach said that by putting a lock on the gate, changing signs without the state’s permission, and hiring guards, he was violating the California Coastal Act.

“This is a battle of David versus Goliath, between the people who want to use the beaches and the wealthy who want it for their own private purposes,” Joe Cotchett, an attorney for Surfrider Foundation, told the Los Angeles Times.

But this may not be the end of it, according to one of Khlosa’s attorneys, Dori Yob.

“We are disappointed with the court’s decision and will consider our options for appealing the ruling,” Yob wrote in an email to the LA Times.

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