Gwathmey v. State of North Carolina
North Carolina Supreme Court
464 S.E.2d 674 (1995)
- Written by Liz Nakamura, JD
Facts
Richard Gwathmey (plaintiff) owned marshlands located between the low- and high-tide marks in North Carolina. The marshlands, even when covered by high-tide waters, were not navigable by boat. The State of North Carolina (defendant) challenged Gwathmey’s ownership rights, arguing that (1) the marshlands could be classified as covered by navigable waters because the marshlands were subject to the ebb-and-flow of the tides; and (2) marshlands covered by navigable waters were governed by the public-trust doctrine and could not be privately owned. The trial court denied North Carolina’s motion, holding that (a) the proper test for the applicability of the public-trust doctrine was the navigable-in-fact test, not the ebb-and-flow test; and (b) because the marshlands had never been, and were not currently, used by vessels, the public-trust doctrine did not apply. North Carolina appealed.
Rule of Law
Issue
Holding and Reasoning (Mitchell, C.J.)
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