Nollan vs. CCC
483 U.S. 825, 97 L. Ed.2d 677
James Patrick Nollan, et ux., Appellant v. California Coastal Commission.
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
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.
The Nollans filed a...