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OCEAN ACRES, ETC. v. DARE CTY. BD. OF HEALTH

No. 79-21-CIV-2.

514 F.Supp. 1117 (1981)

OCEAN ACRES LIMITED PARTNERSHIP, etc., Plaintiff, v. DARE COUNTY BOARD OF HEALTH et al., Defendants.

United States District Court, E. D. North Carolina, Elizabeth City Division.

May 18, 1981.

Attorney(s) appearing for the Case

Roy A. Archbell, Jr., Norman W. Shearin, Jr., Shearin, Gaw & Archbell, Kitty Hawk, N. C., for plaintiff.

Howard E. Manning, Jr., Manning, Fulton & Skinner, Raleigh, N. C., Wallace H. McCown, McCown & McCown, Manteo, N. C., for Town of Kill Devil Hills.

Grover G. Wilson, Hudson, Petree, Stockton, Stockton & Robinson, Winston-Salem, N. C., for Dare County Board of Health, County of Dare and Joseph J. Stokes.

Thomas L. White, Jr., Kellogg, White, Evans & Sharp, Manteo, N. C., Gerald F. White, White, Hall, Mullen, Brumsey & Small, Elizabeth City, N. C., for Town of Nags Head.

MEMORANDUM OF DECISION AND ORDER

DUPREE, Chief Judge.

Plaintiff, a land development enterprise in Dare County, North Carolina, challenges the constitutionality of certain land use restrictions adopted and implemented by the defendants. The action is before the court for a ruling on objections by all parties to a memorandum and recommendation entered by United States Magistrate McCotter after a hearing on defendants' motions for summary judgment on the statute...

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