Eye on Dare

"Blogging the Bog of Outer Banks Politics"

Thursday, February 17, 2011

Oceanfront Property Owners File Suit Against Town of Nags Head

Lawsuit could stymie beach nourishment project

A group of about 40 oceanfront property owners in the Town of Nags Head filed a lawsuit in Dare County Superior Court on Wednesday, February 16, 2011 asking for relief from what they and their attorneys contend is an unfair and illegal condemnation proposal by the town in order to gain easements for placing sand on the beaches, in accordance with their proposed $36 million nourishment project.

The plaintiffs are represented by the law firm of Vandeventer Black LLP, Raleigh, NC, and they have asked the Court to certify the compliant as a class action lawsuit.


14 comments:

Protect the public trust said...

Thanks for posting the lawsuit. Look at 11 e, where the plaintiffs say the Town is forcing them to acknowledge "public trust rights" lanward of mean high water.

These public trust rights are crucial in NC - the doctrine of public trust land means the public has a right of passage on the beach. It sounds like this group is disputing that right of the public. This is potential big trouble for the Right of the public to walk on the beach. I'd say these oceanfront property owners don't really want anyone on the beach in front of their homes.

Anonymous said...

this whole thing has been one lie after another. south nags head needs help but not the way 4 out of 5 commissioners want. when was the last beach nourishment project done in nags head? i rest my case....

Anonymous said...

What does the suit mean in English? I dont understand legalese. Thanks.

EOD said...

I believe it means the litigates don't think the town is treating them fairly. :)

Anonymous said...

I think it means even more public trust money down the drain.

Anonymous said...

It means "The Rich get Richer and the Poor get Poorer".

Anonymous said...

AMEN to that?????

selenakyle said...

To me, it means the owners in the northern end of the project don't need the nourishment and do not want it; their assessments are higher thus meaning their taxes would be higher, and the SNH owners would benefit far more in the long run.

Either way, it sucks that all of us NH owners/residents will STILL have to help foot the bill with the .02 increase no matter what.

I say they take a fraction of the proposed money to buy out the distressed SNH owners, safely and cleanly demolish their dwellings and make the beach bigger and better for everyone, since everyone in the Town is supposed to *benefit* from this debacle.

Anonymous said...

Selena - I agree but the problem with that solution is that it's plain old common sense and it doesn't seem that any of the NH commissioners have that these days......

Jethro Midyette said...

Buying the homes in SoNag solves the short term problem, but does nothing for the next round of endangered homes, roads and waterlines. Think the Comfort Inn, Yachtsman, etc. In fact, although the time frame is longer, the homes in the historic district have very little room to move west. And when you hit the beach road at Jockeys Ridge, how far off is the Bypass?

Kitty Hawk has lost much of their tax base on the oceanfront. There is very little buffer between the ocean and the road. What happens when NCDOT says we're tired of rebuilding - you need to relocate the road. Anyone think that will be a positive effect?

An ounce of prevention makes more common sense than a pound of cure.

EOD said...

Jethro, if I didn't know better, I'd think you've been talking to my good friend, Mayor Bob Oakes.
And, by the way, the only place you'll find Midyettes with a "y" is over in Hyde County. :)

Anonymous said...

I will find a way to NOT pay for throwing sand into the ocean for the fools who bought on the beach. I accept the fact that the ocean taking is a natural and unavoidable event. You are an IDIOT if you think this nourishment will work. Who do you blame when the money is gone and the sand is gone after the first storm????

ed mcmaster said...

why in the world do we want or need to waste money on placing sand onto beaches ? This is not up to anyone but the tides and oceans as where the sand will go. Please stop wasting money..no matter what we do the ocean will win.

Anonymous said...

New home owner south nags head what is the latest on the comdend homes how long is this going to take need your help