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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. The court granted the writ of mandamus, and directed that the public access condition be removed from the permit...
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