ZITO v. NORTH CAROLINA COASTAL RESOURCES COMM'N

No. 20-1408.

8 F.4th 281 (2021)

Michael ZITO; Catherine Zito, Plaintiffs-Appellants, v. NORTH CAROLINA COASTAL RESOURCES COMMISSION, Defendant-Appellee. North Carolina Coastal Federation, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 9, 2021.


Attorney(s) appearing for the Case

ARGUED: J. David Breemer , PACIFIC LEGAL FOUNDATION, Sacramento, California, for Appellants. Ryan Y. Park , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: Glenn E. Roper , North Highlands, Colorado, Erin E. Wilcox , PACIFIC LEGAL FOUNDATION, Sacramento, California, for Appellants. Joshua H. Stein , Attorney General, Sarah G. Boyce , Deputy Solicitor General, Mary Lucasse , Special Deputy Attorney General, Marc Bernstein , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Ramona H. McGee , Sierra B. Weaver , Elizabeth R. Rasheed , SOUTHERN ENVIRONMENTAL LAW CENTER, Chapel Hill, North Carolina, for Amicus North Curiae.

Affirmed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Motz and Judge Thacker joined.


This case asks whether a Fifth Amendment takings claim against the North Carolina Coastal Resources Commission (the "Commission") is barred by State sovereign immunity. When the Commission denied Plaintiffs Michael and Catherine Zito (the "Zitos") permission to rebuild their vacation...

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