Riggings Homeowners, Inc. v. Coastal Resources Commission

HUNTER, JR., Robert N., Judge.

The North Carolina Coastal Resources Commission (the “Commission”) appeals atrial court order: (i) reversing the Commission’s denial of a variance request; and (ii) remanding the case to the Commission for new hearing. Riggings Homeowners, Inc. cross-appeals, alleging: (i) the trial court erred in concluding the Commission did not need to make a “reasonable use” determination; (ii) the Commission’s variance denial violated the takings doctrine; and (iii) the Commission’s variance denial violated the separation of powers doctrine. Upon review, we affirm.

I. Facts &…