FLOWERS v. BLACKBEARD SAILING CLUB, LTD.

No. 933SC749.

444 S.E.2d 636 (1994)

115 N.C. App. 349

William L. FLOWERS and Wife, Elizabeth R. Flowers; Walter L. Flowers and Wife, Susan L. Flowers, Plaintiffs, v. BLACKBEARD SAILING CLUB, LTD., A North Carolina Corporation, Defendant.

Court of Appeals of North Carolina.

June 21, 1994.


Attorney(s) appearing for the Case

Ward, Ward, Willey & Ward by A.D. Ward, New Bern, for plaintiff appellants.

Ward and Smith, P.A. by I. Clark Wright, Jr., New Bern, for defendant appellee.


ARNOLD, Chief Judge.

The location of the riparian boundary line between plaintiffs' property and defendant's property is crucial in plaintiffs' trespass action. The location of that boundary was settled by the DCM as part of the permitting process. By asserting the present trespass action plaintiffs collaterally attack the DCM's decision and seek to have the superior court realign the riparian boundary in accordance with their alleged boundary line. Without that realignment...

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