Legal Opinion

Cooper v. United States

District Court, E.D. North Carolina

Decided December 26, 1991No. 89-114-CIV-4-HPublishedCited by 2 opinions

1Opinion of the Court

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on cross-motions for partial summary judgment on stipulated facts. In this taxpayers’ refund suit, the court is asked to determine whether the plaintiffs enjoyed private ownership of a narrow strip df “dry sand” beach property approximately 3200 feet long and 100 feet wide. The parties submitted exhaustive memoranda, and the State of North Carolina filed a memorandum as amicus curiae. This matter is now ripe for ruling.

The plaintiffs instituted this action to recover taxes, penalties, and interest after their refund claims…

2Cases cited11 opinions

  1. Town of Blowing Rock v. GregorieSupreme Court of North Carolina · 1956
  2. Matthews v. Bay Head Improvement Ass'nSupreme Court of New Jersey · 1984
  3. Concerned Citizens of Brunswick County Taxpayers Ass'n v. State Ex Rel. RhodesSupreme Court of North Carolina · 1991
  4. Nicholas v. Salisbury Hardware and Furniture Co.Supreme Court of North Carolina · 1958
  5. Owens v. ElliottSupreme Court of North Carolina · 1962

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3Cited by2 opinions

  1. Town of Nags Head v. Matthew ToloczkoCourt of Appeals for the Fourth Circuit · 2013
  2. Town of Nags Head v. ToloczkoDistrict Court, E.D. North Carolina · 2012

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