Town of Nags Head v. Richardson

INMAN, Judge.

*326This appeal, following a jury verdict for property owners and entry of judgment notwithstanding *878the verdict ("JNOV"), presents an issue of first impression: whether a municipality that takes an easement in privately owned oceanfront property to replenish the beach can avoid compensating the private property owner by asserting public trust rights vested in the State. On the record before us, we hold that the property owner is entitled to compensation as provided by the eminent domain statute.

We also hold that the jury's verdict was supported by a scintilla of evidence and reverse…