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SHELL ISLAND HOMEOWNERS ASS'N v. TOMLINSON

No. COA98-961.

517 S.E.2d 406 (1999)

SHELL ISLAND HOMEOWNERS ASSOCIATION, INC., a North Carolina non-profit corporation; Charles B. Casteen and wife Barbara M. Casteen; and Richard R. Schnabel and wife Dorothy L. Schnabel, Plaintiffs, v. Eugene B. TOMLINSON, Chairman North Carolina Coastal Resources Commission; North Carolina Coastal Resources Commission; Department of Environment and Natural Resources for the State of North Carolina; Wayne McDevitt, Secretary of the Department of Environment and Natural Resources; and the State of North Carolina, Defendants, and North Carolina Coastal Federation, Inc., Intervenor-Defendant.

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; Ogletree, Deakins, Nash, Smoak & Stewart, P.C., by C.C. Harness, III, Charleston, for plaintiff-appellants.

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

Southern Environmental Law Center, by Donnell Van Noppen, III, and Derb S. Carter, Jr., Chapel Hill, for intervenor-appellee.

MARTIN, Judge.

Plaintiffs Casteen and Schnabel are owners of units at the Shell Island Resort Hotel Condominium ("Shell Island Resort"); plaintiff Shell Island Homeowners Association, Inc., is an association of all unit owners at Shell Island Resort, which is located at the north end of Wrightsville Beach, North Carolina, just south of Mason's Inlet. Plaintiffs filed this action on 7 January 1998 against Eugene B. Tomlinson, Chairman of the North Carolina Coastal...

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