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SLAVIN v. TOWN OF OAK ISLAND

No. COA02-671.

584 S.E.2d 100 (2003)

Niles D. SLAVIN and wife, Carol J. Slavin; Bennet L. Hussey and wife, Lillie E. Hussey; Robert Lee Mann; Sandra H. Wilson and husband, Thomas A. Wilson; Ralph W. Peters, Jr. and wife, Joyce Peters; David A. Miller and wife, Lori H. Miller; Judy C. Martin and husband, Wilco A. Martin; Joseph Beam, Jr. and wife, Judith Ann Beam; W.H. Odell; Michael J. Goodman and wife, Marian Goodman; Donald Proto and wife, Elizabeth W. Proto; Dozier Properties, Inc., a North Carolina Corporation; Peter R. DeMao; Larry V. Hogan and wife, Margaret F. Hogan; F. Eugene Lilley and wife, Marjorie E. Lilley; George P. White, a single person; Woodrow W. Blackburn and wife, Betty N. Blackburn; Brantley E. Clifton and wife, Meredith B. Clifton; Dorothy O. Floyd, a widow; John Hairston, Jr. and wife, Delaney G. Hairston; Ervin L. McCray and wife, Linda L. McCray; and John C. Wilks, a single person, Plaintiffs, v. TOWN OF OAK ISLAND, a North Carolina Municipal Corporation and Body Politic, Defendant.

Court of Appeals of North Carolina.

August 19, 2003.

Attorney(s) appearing for the Case

Hedrick, Blackwell & Criner, L.L.P., by G. Grady Richardson, Jr., Wilmington, for plaintiffs appellants.

Roger Lee Edwards, P.A., by Roger Lee Edwards, Oak Island, and Crossley, McIntosh, Prior & Collier, by Clay A. Collier, Wilmington, for defendant appellee.

ELMORE, Judge.

Plaintiffs are owners of oceanfront property located within the municipal boundaries of the Town of Oak Island ("defendant" or "Town"). In May 2001, the United States Army Corps of Engineers ("Corps") completed a beach renourishment project, the Turtle Habitat Restoration Project, within the limits of the Town. The project was conducted with the consent of defendant and was designed to restore a sea turtle nesting habitat that had been damaged by erosion...

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