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SHELL ISLAND HOMEOWNERS ASS'N v. TOMLINSON

No. COA98-1197.

517 S.E.2d 401 (1999)

SHELL ISLAND HOMEOWNERS ASSOCIATION, INC., a North Carolina non-profit corporation, Plaintiff, v. Eugene B. TOMLINSON, Chairman North Carolina Coastal Resources Commission; North Carolina Coastal Resources Commission; Department of Environment, Health, and Natural Resources for the State of North Carolina; and State of North Carolina, Defendants.

Court of Appeals of North Carolina.

July 20, 1999.

Attorney(s) appearing for the Case

Shanklin & McDaniel, L.L.P., by Kenneth A. Shanklin and Susan J. McDaniel, Wilmington, for plaintiff-appellant.

Attorney General Michael F. Easley, by Special Deputy Attorney General J. Allen Jernigan and Special Deputy Attorney General Robin W. Smith, for defendant-appellees.

MARTIN, Judge.

Plaintiff Shell Island Homeowners Association, Inc., is an association of all unit owners of the Shell Island Resort Hotel Condominium located at the north end of Wrightsville Beach, North Carolina, just south of Mason's Inlet. Plaintiff filed this action on 7 November 1996 against Eugene B. Tomlinson, Chairman of the North Carolina Coastal Resources Commission, the North Carolina Coastal Resources Commission ("CRC"), the Department of Environment,...

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