State Ex Rel. Rohrer v. Credle
Supreme Court of North Carolina
1Opinion of the Court
MEYER, Justice.
The question presented is whether defendant is entitled to a jury trial to determine if he acquired an exclusive right by prescription to harvest oysters from an oyster bottom in navigable waters. The Court of Appeals resolved the question against defendant. We affirm.
In 1982 the State of North Carolina brought an action to quiet title to a 640-acre tract of land in Hyde County, most of which is submerged land beneath the waters of Swan Quarter Bay, its arms and tributaries. This is a navigable body of water. State v. Spencer, 114 N.C. 770, 777, 19 S.E. 93, 96 (1894). In his…
2Cases cited16 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Barney v. KeokukSupreme Court of the United States · 1877
- Phillips Petroleum Co. v. MississippiSupreme Court of the United States · 1988
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3Cited by25 opinions
- Arizona Center for Law in the Public Interest v. HassellCourt of Appeals of Arizona · 1992
- Fabrikant v. Currituck CountyCourt of Appeals of North Carolina · 2005
- Gwathmey v. STATE THROUGH DEPT. OF ENVIR.Supreme Court of North Carolina · 1995
- State Ex Rel. Rhodes v. SimpsonSupreme Court of North Carolina · 1989
- Mullin v. SkinnerDistrict Court, E.D. North Carolina · 1990
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