CONCERNED CITIZENS OF BRUNSWICK COUNTY TAXPAYERS ASS'N v. STATE EX REL. RHODES

No. 401PA89.

404 S.E.2d 677 (1991)

329 N.C. 37

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.

Supreme Court of North Carolina.

Decided June 12, 1991.


Attorney(s) appearing for the Case

Maxwell & Hutson, P.A. by James B. Maxwell, Durham, for plaintiffs-appellants.

Lacy H. Thornburg, Atty. Gen. by Daniel F. McLawhorn, Sp. Deputy Atty. Gen., and J. Allen Jernigan, Asst. Atty. Gen., Raleigh, for intervenor-plaintiff-appellant.

Murchison, Taylor, Kendrick, Gibson & Davenport by Vaiden P. Kendrick and Barbara J. Sullivan, Wilmington, for defendant-appellee Holden Beach Enterprises.


MEYER, Justice.

In this case, we once again face the question of whether there was sufficient evidence of the establishment of an easement by prescription by the public's use of a pathway along and across the shifting dunes of an area on the Outer Banks of North Carolina. The area in question is privately owned but over the years has been crossed by the public seeking access to the ocean strand and inlet for fishing and...

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