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SANSOTTA v. TOWN OF NAGS HEAD

No. 12-1538.

724 F.3d 533 (2013)

Trustee Roc F. SANSOTTA, Trustee and Executor for Estate of Father Joseph Klaus; Roc F. Sansotta, Individually; Ralph S. Tomita; Gloria H. Tomita; Carole A. Shackelford; James Bergman; Linda Atsus; George D. Rusin, Plaintiffs-Appellants, v. TOWN OF NAGS HEAD, Defendant-Appellee, and Timothy Wilson, Individually, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2013.

Attorney(s) appearing for the Case

ARGUED: J. David Breemer , Pacific Legal Foundation, Sacramento, CA, for Appellants. Benjamin Marshall Gallop , Hornthal, Riley, Ellis & Maland, LLP, Nags Head, NC; John D. Leidy , Hornthal, Riley, Ellis & Maland, LLP, Elizabeth City, NC, for Appellee. ON BRIEF: William J. Brian, Jr. , Keith P. Anthony , Research Triangle Park, NC, for Appellants.

Affirmed in part, reversed in part, and remanded by published opinion. Judge SHEDD wrote the opinion, in which Judge DAVIS and Judge DIAZ joined.

SHEDD, Circuit Judge:

The owners of six beachfront cottages sued the Town of Nags Head, North Carolina, in state court after the Town declared their cottages to be in violation of its nuisance ordinance. After the Town removed the case to federal court, the district court granted summary judgment to the Town on the owners' procedural due process and equal protection claims and dismissed the owners' takings claim as unripe. The cottage owners now appeal the district...

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