Legal Opinion
Nies v. Town of Emerald Isle
Court of Appeals of North Carolina
Decided November 17, 2015No. 15-169PublishedCited by 5 opinions
1Opinion of the Court
McGEE, Chief Judge.
*81 Gregory P. Nies and Diane S. Nies ("Plaintiffs") purchased an oceanfront property ("the Property") in Defendant Town of Emerald Isle ("the Town") in June of 2001. Plaintiffs had been vacationing in the Town from their home in New Jersey since 1980. Plaintiffs filed this matter alleging the inverse condemnation taking of the Property by the Town.
*82 I
"Generally speaking, state law defines property interests[.]" Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, 560 U.S. 702 , 707-08, 130 S.Ct. 2592 , 2597, 177 L.Ed.2d 184 , 192 (2010) (citations…
2Cases cited18 opinions
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 2002
- Shively v. BowlbySupreme Court of the United States · 1894
- Borax Consolidated, Ltd. v. Los AngelesSupreme Court of the United States · 1935
- Stop the Beach Renourishment, Inc. v. Florida Department of Environmental ProtectionSupreme Court of the United States · 2010
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Town of Nags Head v. RichardsonCourt of Appeals of North Carolina · 2018
- Duke Energy CarolinasCourt of Appeals of North Carolina · 2021
- Duke Energy CarolinasCourt of Appeals of North Carolina · 2021
- LDI Shallotte 179 Holdings, LLC v. State of N.C. Dep't of Envtl. QualityCourt of Appeals of North Carolina · 2026
- Town of Nags Head v. RichardsonCourt of Appeals of North Carolina · 2018