Flowers v. Blackbeard Sailing Club, Ltd.

ARNOLD, Chief Judge.

The location of the riparian boundary line between plaintiffs’ property and defendant’s property is crucial in plaintiffs’ trespass action. The location of that boundary was settled by the DCM as part of the permitting process. By asserting the present trespass action plaintiffs collaterally attack the DCM’s decision and seek to have the superior court realign the riparian boundary in accordance with their alleged boundary line. Without that realignment no part of defendant’s pier intrudes into plaintiffs’ riparian access area, and consequently there is no trespass. We…