Property Rights Advocacy Group v. Town of Long Beach

LEVINSON, Judge.

Plaintiffs appeal from declaratory judgment entered 28 May 2004. For the reasons that follow, their appeal is dismissed.

In August 1998 the North Carolina General Assembly enacted Session Law 1998-83 (“Long Beach Act”), authorizing the Town of Long Beach to “pass ordinances providing for the development and operation of parks on municipal streets ... that dead-end on beaches, waterways, and at the ocean.” Thereafter, the Town of Long Beach enacted an ordinance (“first local ordinance”), designating as “public parks” all street ends that “dead-end into waterways in the Town of…