Shell Island Homeowners Association v. Tomlinson
North Carolina Court of Appeals
517 S.E.2d 406 (1999)

- Written by Alex Ruskell, JD
Facts
Shell Island Homeowner’s Association (plaintiff) challenged a North Carolina Coastal Commission (defendant) rule that made it unlawful to build permanent erosion-control structures on beach property. The association argued that the loss of sand through erosion resulted in an unlawful taking of their property without just compensation. The lower court dismissed the case, and the association appealed.
Rule of Law
Issue
Holding and Reasoning (Martin, J.)
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