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Nies v. Town of Emerald Isle

244 N.C. App. 81, 780 S.E.2d 187 (2015)

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Nies v. Town of Emerald Isle

North Carolina Court of Appeals
244 N.C. App. 81, 780 S.E.2d 187 (2015)

AR

Facts

In 2001, Nies (plaintiff) bought oceanfront property in the Town of Emerald Isle (defendant). Since the town’s incorporation in 1957, the public had enjoyed access to both the publicly owned foreshore, or wet sand beach, and the privately owned dry sand beaches further up the shore. The town passed an ordinance prohibiting beach equipment in the dry sand beach so as to maintain an unimpeded travel lane for emergency services vehicles. Nies sued, arguing the new ordinance resulted in an unconstitutional taking of his property. The court ruled in favor of the town, and Nies appealed to the North Carolina Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (McGee, C.J.)

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