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The court's imposition of the condition that excess premiums collected from November 15, 1922, be repaid is not without adequate support.
On remand, the Commission held a public hearing, after which it made further factual findings and reaffirmed its imposition of the condition.
The Nollans protested imposition of the condition, but the Commission overruled their objections and granted the permit subject to their recordation of a deed restriction granting the easement.
However, the State Court of Appeal reversed, ruling that imposition of the condition did not violate the Takings Clause of the Fifth Amendment, as incorporated against the States by the Fourteenth Amendment.
The Commission also noted that it had similarly conditioned 43 out of 60 coastal development permits along the same tract of land, and that, of the 17 not so conditioned, 14 had been approved when the Commission did not have administrative regulations in place allowing imposition of the condition, and the remaining 3 had not involved shorefront property.
In great contrast, we see in Theorem 2.13 that in the nabla setting the imposition of the condition (nabla_{a}^{nu}f(t ge0), for (tinmathbb{N}_{a+1}), is sufficient that f is increasing on (mathbb{N}_{a+2}).
Similar(54)
The California court rejected their claim that imposition of that condition violates the Takings Clause of the Fifth Amendment, as incorporated against the States by the Fourteenth Amendment.
Imposition of the permit condition in this case represents the State's reasonable exercise of its police power.
We therefore find that the Commission's imposition of the permit condition cannot be treated as an exercise of its land use power for any of these purposes.
An ideal two-dimensional flow is assumed wherein the rotationality of the boundary-layers is modelled by vortex elements on the solid fluid interface and the imposition of the Kutta condition at the plate's trailing edge.
The Nollans filed a supplemental petition for a writ of administrative mandamus with the Superior Court, in which they argued that imposition of the access condition violated the Takings Clause of the Fifth Amendment, as incorporated against the States by the Fourteenth Amendment.
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