ABSTRACT
The federal district court declared the ordinance constitutional in its entirety. However, the court of appeals did decide that the absolute ban on newsracks in residential districts was constitutional and that beach portion of the ordinance was severable from the portions regulating placement of newsracks in commercial districts. Interpreting California caselaw as precluding a monetary remedy for a regulatory taking, the California state court granted a motion to strike the plea for monetary compensation. The district court found certain of the act's procedures unconstitutional, but upheld the rest of the act as being in conformance with the public use clause of the Fifth Amendment. The Nollans filed an action in the California Superior Court to invalidate the access condition and the court remanded the case to the Coastal Commission for a public hearing. The California Supreme Court reversed, holding that the ordinance was within the city's police power because the city's interests in enacting the ordinance were legitimate.
