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The CCC also noted that all of the other
developments on the same tract of land had been conditioned similarly in having
to provide public access to the ocean.
The Nollans filed a supplemental petition for a writ of administrative
mandamus (a writ that would order a public official or body to comply with a
specified duty issued by a superior court)...
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The Nollans argument was that the
permit condition violated the Takings Clause in the V Amendment, and also in the
XIV Amendment of the Constitution.
The court agreed that the administrative record did not provide for in
showing the existence of adverse impact on the publics' access to the ocean...
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