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JARRELL v. TOWN OF TOPSAIL BEACH

No. 9114SC292.

412 S.E.2d 680 (1992)

105 N.C. App. 331

John A. JARRELL, Jr., Plaintiff, v. TOWN OF TOPSAIL BEACH.

Court of Appeals of North Carolina.

February 4, 1992.

Attorney(s) appearing for the Case

Glenn, Mills & Fisher, P.A. by Stewart W. Fisher, Durham, for plaintiff appellee.

Burrows & Hall by Richard L. Burrows, Wallace, for defendant appellant.

WALKER, Judge.

The Town of Topsail Beach (defendant), located in Pender County, has an ordinance in effect which prohibits vehicles from being driven on the Town's beaches during certain periods of the year. This ordinance adversely affects John A. Jarrell, Jr. (plaintiff) since he is a paraplegic who cannot readily gain access to the beach without the use of his Honda all terrain vehicle (ATV). Pursuant to the Handicapped Persons Protection Act, G.S. 168A-1, et...

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