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HOVEY v. SAND DOLLAR SHORES HOMEOWNER'S

No. COA20-423.

857 S.E.2d 358 (2021)

2021-NCCOA-91

Robert E. HOVEY and wife, Tanya L. Hovey, Plaintiffs, v. SAND DOLLAR SHORES HOMEOWNER'S ASSOCIATION, INC., and the Town of Duck, Defendants.

Court of Appeals of North Carolina.

Filed April 6, 2021.

Attorney(s) appearing for the Case

The Wills Law Group, Point Harbor, by Gregory E. Wills , for Plaintiffs-Appellees.

Fox Rothschild LLP, by Troy D. Shelton , Elizabeth Brooks Scherer , Raleigh, and Robert H. Edmunds, Jr. , Greensboro, for Defendant-Appellant Sand Dollar Shores Homeowner's Association, Inc.

No brief filed by Defendant Town of Duck.

¶ 1 The Town of Duck is a seaside resort community that provides no public beach access. All oceanfront lots there are privately owned and have been since before Duck was incorporated in 2002. Although members of the public are entitled to walk on the beach, wade in the ocean, and otherwise use the natural resources abutting the...

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