Concerned Citizens of Brunswick County Taxpayers Ass'n v. State Ex Rel. Rhodes

MEYER, Justice.

In this case, we once again face the question of whether there was sufficient evidence of the establishment of an easement by *39prescription by the public’s use of a pathway along and across the shifting dunes of an area on the Outer Banks of North Carolina. The area in question is privately owned but over the years has been crossed by the public seeking access to the ocean strand and inlet for fishing and recreation. A portion of the prescriptive easement sought to be established is alleged to be sufficiently similar to a road marled and paved some years later across the same…