CAPUNE v. ROBBINS

No. 112.

160 S.E.2d 881 (1968)

273 N.C. 581

Larry CAPUNE v. John S. ROBBINS, trading as Morehead Ocean Pier.

Supreme Court of North Carolina.

May 1, 1968.


Attorney(s) appearing for the Case

Hamilton, Boshamer & Graham, Morehead City, for plaintiff appellee.

Wheatly & Bennett, Beaufort, for defendant appellant.


BOBBITT, Justice.

We consider first whether defendant had a legal right to forbid and prohibit plaintiff from passing under the pier on his paddleboard.

The Federal Statute, 33 U.S.C.A. § 403, relating to the obstruction of navigable waters, required that defendant's predecessor, before constructing a pier, obtain permission to do so from the U.S. Corps of Engineers. Otherwise, the issuance of the permit did not enlarge or impair defendant's littoral...

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