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FABRIKANT v. CURRITUCK COUNTY

No. COA04-250.

621 S.E.2d 19 (2005)

Marvin FABRIKANT and wife, Patricia A. Fabrikant, Arthur C. Smith, III, and MPF Investment Co., L.P., and Arthur C. Smith, III, Trustee, Arthur C. Smith III Revocable Trust, Plaintiffs, v. CURRITUCK COUNTY, a North Carolina body politic and corporate, Corolla Associates, a Virginia limited partnership, Whalehead Associates, a Virginia limited partnership, H I S Whalehead, a Virginia limited partnership, Gerald J. Friedman, Whalehead Properties, a Virginia joint venture, Nancy Friedman, Estate of Samuel Sandler, deceased, Harry Sandler, State of North Carolina, North Carolina Department of Environment and Natural Resources, Coastal Resources Commission, Division of Coastal Management, and Donna D. Moffitt, as Director of the Division of Coastal Management, Defendants.

Court of Appeals of North Carolina.

October 18, 2005.

Attorney(s) appearing for the Case

Huff, Poole & Mahoney, PC, by J. Bryan Plumlee, Virginia Beach, VA; Carter, Archie & Hassell LLP, by Sid Hassell, Washington; and David J. Bederman, Atlanta, GA, pro hac vice, for plaintiffs-appellants.

Attorney General Roy C. Cooper, by Special Deputy Attorney General Ronald M. Marquette, Special Deputy Attorney General J. Allen Jernigan, Assistant Attorney General Marc D. Bernstein, and Assistant Attorney General Meredith Jo Alcoke, for the State.

GEER, Judge.

Plaintiffs, who own oceanfront property in Currituck County, brought suit against various defendants, including the State of North Carolina, the North Carolina Department of Environment and Natural Resources ("DENR"), the Coastal Resources Commission, the Division of Coastal Management, and the Director of the Division of Coastal Management (collectively "the State defendants"). With respect to the State defendants...

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