FISHER v. TOWN OF NAGS HEAD

No. 271P12.

731 S.E.2d 166 (2012)

J. Reed FISHER, June C. Fisher, Robert S. Thomas, Mary Ann S. Thomas, Joseph Henry Jenkins, Jenny Cooke Jenkins, Granby Properties, Inc., Joseph G. Fiveash, Jr., Trustee, Alice Jane Fiveash, Trustee, Calvert T. Lester, Harry Lester, Katherine W. Kittrell, Robert G. Kittrell, Jr., Katherine K. Kerns, Trent S. Kerns, Robert G. Kittrell, III, Meredith F. Kittrell, Dorothy O. Read, J. Lloyd Horton, Carolyn R. Horton, Nancy Foreman Silver, Trustee, Winkie Silver, Sophie Foreman Jordan, Trustee, Danny Jordan, Edla Foreman Stevens, Trustee, Bill Stevens, John W. Foreman, Jr., Trustee, Hugh L. Patterson, Ann Patterson Scott, Philip A. Roberts, Jr., Ruth P. Roberts, John H. High, Caroline H. High, Verna's Cottage, LLC, Grizelle B. Fearing, John H. Hall, Jr., Elizabeth G. Hall, Fred M. Dunstan, III, Debbie L. Hill, William Hailin Skinner, Jr., Fred P. Wood, Jr., Elaine W. Wood, Elizabeth W.J. Parrish and Mellon Bank, N.A., Trustee, Individually and on behalf of all similarly situated Oceanfront Landowners in the Town of Nags Head v. TOWN OF NAGS HEAD.

Supreme Court of North Carolina.

August 23, 2012.


Attorney(s) appearing for the Case

Norman W. Shearin , Kitty Hawk, for Fisher, J. Reed, et al.

Benjamin M. Gallop , Elizabeth City, for Town of Nags Head.

Kevin A. Rust , Greensboro, for Fisher, J. Reed, et al.

L.P. Hornthal, Jr. , Elizabeth City, for Town of Nags Head.


ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Plaintiffs on the 19th of June 2012 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Defendant, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court...

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