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OCEAN ACRES LTD. v. DARE COUNTY BD. OF HEALTH

Nos. 82-1458, 82-1489.

707 F.2d 103 (1983)

OCEAN ACRES LIMITED PARTNERSHIP, A Limited Partnership Organized Under the Laws of The State of North Carolina, by and through its General Partner, W. Grayson Pierce, Appellant, v. DARE COUNTY BOARD OF HEALTH and County of Dare, Appellees. OCEAN ACRES LIMITED PARTNERSHIP, a Limited Partnership Organized Under the Laws of The State of North Carolina, by and through its General Partner, W. Grayson Pierce, Appellee, v. DARE COUNTY BOARD OF HEALTH and County of Dare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 12, 1983.

Attorney(s) appearing for the Case

Roy A. Archbell, Jr., Kitty Hawk, N.C. (Norman W. Shearin, Shearin & Archbell, Kitty Hawk, N.C., on brief), for appellant.

Grover G. Wilson, James H. Kelly, Jr., Winston Salem, N.C. (Jeffrey C. Howard, Petree, Stockton, Robinson, Vaughn, Glaze & Maready, Winston Salem, N.C., on brief), for appellees.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge and MICHAEL, District Judge.

CHAPMAN, Circuit Judge.

Plaintiff Ocean Acres Limited Partnership (Ocean Acres) appeals a district court decision granting the defendants' motion for summary judgment. Plaintiff claims that its property has been taken without just compensation and that it has been deprived of property without due process of law. We affirm the district court's conclusions, 514 F.Supp. 1117, that there are no genuine issues of material fact in regard...

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