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WOOTEN v. TOWN OF TOPSAIL BEACH

No. COA97-150.

493 S.E.2d 285 (1997)

Dal Floyd WOOTEN III, Plaintiff, v. TOWN OF TOPSAIL BEACH, Defendant.

Court of Appeals of North Carolina.

November 18, 1997.

Attorney(s) appearing for the Case

Clare Lynn Brock, Kinston, for plaintiff-appellee.

Wessell & Raney by John C. Wessell III, Wilmington, for defendant-appellant.

SMITH, Judge.

Prior to March 1950, a map was recorded in the Pender County Register of Deeds showing a sixty-foot right of way designated as Scott Avenue running east to west from the Atlantic Ocean to the waters of Banks Channel, which dedication was accepted by the Town of Topsail Beach ("Town"). The majority of this public street is paved. However, the westernmost portion of Scott Avenue, approximately one hundred twenty feet in length and sixty feet wide, has...

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