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Case Study: Nollan v. CCC-

The case is Nollan versus the California Coastal Commission.

The Nollans were the appellates against a decision made by the

California Coastal Commission (CCC). The Nollans had been leasing a

property on the California coast with which they had an option to buy.

The property lies directly at the foot of the Pacific Ocean and is a

prime piece of real estate on the California Coast. The property had

been used by the Nollans to rent out during the summer months to

vacationers. At the end of the Nollans' lease they took the option to

purchase the land and began preparing for the terms of purchase by the

previous land owner. Among those terms was the demolishing of the

small deteriorating bungalow that the Nollans had been leasing. The

Nollans had planned to expand the structure from the small bungalow

that it was to a three bedroom house more complimentary to the

surrounding homes and their needs. In order to begin destruction

of the property and begin rebuilding the site the Nollans had to

secure a permit from the California Coastal Commission. Upon


their permit. The Nollans' argument was that there was not enough

waters shall not be limited by any person when it is required for any

compensate for the limitations on the public the Nollans would have to

The Nollans filed a supplemental petition for a writ of

access to the beach and to the local county park, which lay adjacent

held the California State Constitution to have standing, and upheld

body to comply with a specified duty issued by a superior court). The

access to the ocean. The court granted the writ of mandamus, and

directed that the public access condition be removed from the permit.

The Nollans filed a petition to the Ventura County Superior

with the CCC's permit condition of allowing public access to the

the objection and granted the permit with the condition intact.



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Approximate Word count = 923
Approximate Pages = 4 (250 words per page double spaced)


  

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