CONCERNED CITIZENS v. STATE EX REL. RHODES

No. 8813SC1075.

381 S.E.2d 810 (1989)

CONCERNED CITIZENS OF BRUNSWICK COUNTY TAXPAYERS ASSOCIATION, Raymond Cope and Royal Williams v. STATE of North Carolina, ex rel, S. Thomas RHODES, Secretary of the Department of Natural Resources and Community Development v. HOLDEN BEACH ENTERPRISES, INC.

Court of Appeals of North Carolina.

August 15, 1989.


Attorney(s) appearing for the Case

Attorney Gen. Thornburg by Asst. Atty. Gen. J. Allen Jernigan, Raleigh, for the State.

Maxwell, Freeman & Beason by James B. Maxwell, Durham, for plaintiffs-appellants.

Murchison, Taylor, Kendrick, Gibson & Davenport by Vaiden P. Kendrick, Barbara J. Sullivan, and Reid G. Hinson, Wilmington, for defendant-appellee.


EAGLES, Judge.

The issues here all relate to whether the public may have access through defendant's property to the beach at Shallotte Inlet. Specifically, appellants assign as error the trial court's denial of a prescriptive easement for public access through Holden Beach West and the trial court's failure to find that there has been a dedication of Ocean View Boulevard West. We affirm.

Initially we note that when the trial court is the factfinder its findings...

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