STATE EX REL. ROHRER v. CREDLE

No. 480PA87.

369 S.E.2d 825 (1988)

STATE of North Carolina, ex rel. Grace H. ROHRER, Secretary of the North Carolina Department of Administration v. Sidney Arthur CREDLE.

Supreme Court of North Carolina.

June 30, 1988.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Daniel F. McLawhorn, Sp. Deputy Atty. Gen., and J. Allen Jernigan, Asst. Atty. Gen., Raleigh, for the State.

Davis & Davis by Geo. Thomas Davis, Jr., Swan Quarter, for defendant-appellant.

Conservation Council of North Carolina by John D. Runkle, General Counsel, Chapel Hill, amicus curiae.


MEYER, Justice.

The question presented is whether defendant is entitled to a jury trial to determine if he acquired an exclusive right by prescription to harvest oysters from an oyster bottom in navigable waters. The Court of Appeals resolved the question against defendant. We affirm.

In 1982 the State of North Carolina brought an action to quiet title to a 640-acre tract of land in Hyde County, most of which is submerged land beneath the waters of Swan Quarter...

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