Case Study: Nollan v. CCC
Case Study: Nollan v. CCCAbstract of:
483 U.S. 825, 97 L. Ed.2d 677
James Patrick Nollan, et
ux., Appellant
v.
California Coastal
Commission.
Case Definition:
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
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 CCC held a
public hearing which led to further factual findings which reaffirmed
the need for the condition. The CCC�s argument was that the building
of the new structure would limit view of the ocean, and therefore
limit access to the public who had full rights to use the beach. To
compensate for the limitations on the public the Nollans would have to
provide access to the beach from their property. The CCC also noted
that all of the other developments on the same tract of land...
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