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GWATHMEY v. STATE THROUGH DEPT. OF ENVIR.

No. 74PA94.

464 S.E.2d 674 (1995)

342 N.C. 287

Richard Barbee GWATHMEY, Jr., and wife, Gwendolyn Brown Gwathmey, Robert F. Cameron and wife, Elizabeth Beck Cameron, and Elizabeth Beck Cameron, Louise deR. Smith, Robert Y. Kelly and wife, Elsie W. Kelly, and in the Matter of Wachovia Bank of North Carolina, N.A., Edith R. Merrill and Barbara M. Walser, Trustees Under the Will of Leslie M. Merrill v. The STATE of North Carolina, acting through its agency, the DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES, acting through its Secretary, William W. COBEY, Jr., and the Division of Marine Fisheries, acting through its Director, Dr. William T. Hogarth, and the Submerged Lands Program, acting through its Director, P.A. Wojciechowski.

Supreme Court of North Carolina.

December 8, 1995.

Attorney(s) appearing for the Case

Stephens, McGhee, Morgan, Lennon & O'Quinn by Janet R. Coleman and Darren S. Hart, Wilmington, for plaintiffs-appellees.

Michael F. Easley, Attorney General by Daniel F. McLawhorn and J. Allen Jernigan, Special Deputy Attorneys General, and David W. Berry, Associate Attorney General, for defendant-appellant.

Thompson & Godwin, L.L.P. by Billy R. Godwin, Jr., Dunn, and by Robert Kerry Kehoe, counsel, Washington, DC, on behalf of Coastal States Organization, Inc., amicus curiae.

MITCHELL, Chief Justice.

The parties stipulated at trial that the lands claimed by each of the plaintiffs that comprise the subject of this litigation are marshlands located between the high and low water marks in the Middle Sound area of New Hanover County. Title to the lands in question was conveyed by the State Board of Education (SBE) to the original purchasers of the marshlands between 1926 and 1945. Each of the deeds from the SBE to the original purchasers purports...

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