Real Property – Eminent Domain – Sufficient Notice – Beach Nourishment – Civil Practice – Preliminary Injunction — Municipal
By North Carolina Lawyers Weekly Staff
Published: May 18,2012
Fisher v. Town of Nags Head Plaintiffs, owners of oceanfront properties, sought to preliminarily enjoin a beach nourishment project because the defendant-town did not intend to pay plaintiffs for the easement that the town would need to add sand (and value) to plaintiffs’ properties. The issue of just compensation is one for the condemnation proceeding and not for preliminary injunction. The other issue raised by plaintiffs – that the town’s notice was inadequate – is rejected in part because the notice was sufficient to allow plaintiffs to file suit before the deadline set out in the notice.