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TOWN OF EMERALD ISLE v. STATE

No. 111A86.

360 S.E.2d 756 (1987)

320 N.C. 640

TOWN OF EMERALD ISLE, By and Through its Mayor, Richard SMITH, and its duly elected Board of Commissioners, and Richard Smith, A.B. Crew, Beulah Pase, and Walt Gaskins, Individually v. The STATE of North Carolina, James B. Hunt, Governor, Rufus Edmisten, Attorney General, James A. Summers, Secretary of the Department of Natural Resources and Community Development, and Jane S. Patterson, Secretary of the Department of Administration.

Supreme Court of North Carolina.

October 7, 1987.

Attorney(s) appearing for the Case

Stanley, Simpson & McNeill by Richard L. Stanley, Beaufort, for plaintiffs-appellees.

Lacy H. Thornburg, Atty. Gen. by Daniel F. McLawhorn, Asst. Atty. Gen., Raleigh, for defendants-appellants.

FRYE, Justice.

The question in this case is whether Chapter 539 of the 1983 Session Laws of North Carolina entitled, "An Act to Provide for Reasonable Beach Access Within the Town of Emerald Isle," violates Article XIV, section 3; Article I, section 32; or Article I, section 19 of the North Carolina Constitution. We conclude that it does not.

The Town of Emerald Isle, one of the plaintiffs in this case, is a municipality...

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