Environmental Law: Nollan Vs. CCC

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California Coastal Commission. Upon submitting the
permit application, the CCC found that the permit should be granted on the
condition that the Nollans provide public access to the beach and to the local
county park, which lay adjacent to the property. This provision called for the
Nollans to use a portion of their land to be used as a public walkway to the
beach and park. The Nollans protested to the condition, but the CCC overruled
the objection and granted the permit with the condition intact.

Case Decision:

The Nollans filed a petition to the Ventura County Superior Court asking
that the condition to supply easement be removed from their permit. The
Nollans' argument was that there was not enough evidence to support the
developments limiting of public access to the beach. The argument was agreed
upon by the court and the case was remanded to the California Coastal Commission
for a full evidentiary hearing on the issue of public access to the beach.
The ...

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