CAROLINA BEACH FISHING PIER, INC. v. TOWN OF CAROLINA BEACH

No. 18.

177 S.E.2d 513 (1970)

277 N.C. 297

CAROLINA BEACH FISHING PIER, INC., Plaintiff, v. The TOWN OF CAROLINA BEACH, North Carolina, Defendant.

Supreme Court of North Carolina.

November 18, 1970.


Attorney(s) appearing for the Case

George Rountree, Jr. and John C. Wessell, Jr., Wilmington, for plaintiff appellant.

Addison Hewlett, Jr. and Hogue, Hill & Rowe, Wilmington, for defendant appellee.


HUSKINS, Justice.

The first question for decision here is whether plaintiff's lots, or any portion thereof, were "taken" by the Town of Carolina Beach for the construction of the berm erected to control tidal erosion. Resolution of this problem requires a discussion of the general principles of ownership applicable to tidal lands.

It has been settled since the passage of the Submerged Lands Act of 1953 by the United States Congress that the lands beneath coastal...

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