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PROPERTY RIGHTS v. TOWN OF LONG BEACH

No. COA04-1374.

617 S.E.2d 715 (2005)

PROPERTY RIGHTS ADVOCACY GROUP, on Behalf of ITS MEMBERS and other Similarly Situated Real Property Owners and Taxpayers of and in the Town of Oak Island, North Carolina and Honorable James W. Better, Individually, Plaintiffs, v. TOWN OF LONG BEACH, a Former North Carolina Municipal Corporation and Body Politic, now known and referred to as Town of Oak Island, a North Carolina Municipal Corporation and Body Politic, and Successor in Interest to the Former Town of Long Beach; Town of Oak Island, a North Carolina Municipal Corporation and Body Politic; The State of North Carolina, Defendants.

Court of Appeals of North Carolina.

September 6, 2005.

Attorney(s) appearing for the Case

Hedrick & Morton, L.L.P., by G. Grady Richardson, Jr., Wilmington, for plaintiffs-appellants.

Roger Lee Edwards, Oak Island, for defendant-appellee Town of Long Beach, now Town of Oak Island.

Attorney General Roy Cooper, by Assistant Attorney General V. Lori Fuller, for defendant-appellee State of North Carolina.

LEVINSON, Judge.

Plaintiffs appeal from declaratory judgment entered 28 May 2004. For the reasons that follow, their appeal is dismissed.

In August 1998 the North Carolina General Assembly enacted Session Law 1998-83 ("Long Beach Act"), authorizing the Town of Long Beach to "pass ordinances providing for the development and operation of parks on municipal streets ... that dead-end on beaches, waterways, and at the...

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