Legal Opinion

Weeks v. North Carolina Department of Natural Resources & Community Development

Court of Appeals of North Carolina

Decided February 6, 1990No. 893SC495PublishedCited by 15 opinions

1Opinion of the Court

GREENE, Judge.

Plaintiff-petitioner appeals the trial court’s grant of summary judgment for the State. The undisputed facts show that plaintiff is a littoral 1 property owner on Bogue Sound who applied for a major development permit to build a 900-foot-long pier to reach deep waters in which to dock his sailboat. Bogue Sound is a portion of Atlantic Ocean waters subject to the ebb and flow of the tide. Defendants are administrative bodies of the State of North Carolina. North Carolina Department of Natural Resources and Community Development (“NRCD”) is the administrative body administering…

2Cases cited7 opinions

  1. Lowe v. BradfordSupreme Court of North Carolina · 1982
  2. A-S-P Associates v. City of RaleighSupreme Court of North Carolina · 1979
  3. Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1962
  4. Responsible Citizens in Opposition to the Flood Plain Ordinance v. City of AshevilleSupreme Court of North Carolina · 1983
  5. Finch v. City of DurhamSupreme Court of North Carolina · 1989

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3Cited by15 opinions

  1. Forbes v. Par Ten Group, Inc.Court of Appeals of North Carolina · 1990
  2. FSR Brokerage, Inc. v. Superior CourtCalifornia Court of Appeal · 1995
  3. Walton County v. Stop Beach RenourishmentSupreme Court of Florida · 2008
  4. Newcomb v. County of CarteretCourt of Appeals of North Carolina · 2010
  5. Beroth Oil Co. v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 2012

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