Cox v. Town of Oriental

STEPHENS, Judge.

Procedural History and Factual Background

This case arises from the decision of the Town of Oriental and its Board of Commissioners (collectively, “Defendants”) to permanently close Avenue A and a portion of South Avenue, public rights of way in the Town. On 2 August 2012, Plaintiff David R. Cox filed an appeal from the Town ordinance vacating Avenue A and an action for declaratory judgment in Pamlico County Superior Court. 1 In his appeal and action, Plaintiff alleged the following relevant facts:

The Town sits on the Neuse River. On 13 January 2012, the Board met to consider…