Slavin v. Town of Oak Island

160 N.C. App. 57, 584 S.E.2d 100 (2003)

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Slavin v. Town of Oak Island

North Carolina Court of Appeals
160 N.C. App. 57, 584 S.E.2d 100 (2003)

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Facts

In order to protect new sand and a turtle habitat, the Town of Oak Island (defendant) chose to build a fence along the length of the beach and only allow public access at certain access points. Slavin (plaintiff), a littoral property owner, sued. Slavin argued that he was entitled to direct access to the beach from his oceanfront property and the proposed fence constituted a taking. The court ruled in the town’s favor, and Slavin appealed.

Rule of Law

Issue

Holding and Reasoning (Elmore, J.)

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