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WEEKS v. NORTH CAROLINA NRCD

No. 893SC495.

388 S.E.2d 228 (1990)

97 N.C. App. 215

Orin Haywood WEEKS Jr. v. NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT and North Carolina Coastal Resources Commission.

Court of Appeals of North Carolina.

February 6, 1990.

Attorney(s) appearing for the Case

Wheatly, Wheatly, Nobles, Weeks & Wainwright, P.A. by C.R. Wheatly, III, Beaufort, for plaintiff-appellant.

Lacy H. Thornburg, Atty. Gen. by Robin W. Smith, Asst. Atty. Gen., Raleigh, for the State.

GREENE, Judge.

Plaintiff-petitioner appeals the trial court's grant of summary judgment for the State. The undisputed facts show that plaintiff is a littoral1 property owner on Bogue Sound who applied for a major development permit to build a 900-foot-long pier to reach deep waters in which to dock his sailboat. Bogue Sound is a portion of Atlantic Ocean waters subject to the ebb and flow of the tide. Defendants are administrative bodies...

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