Tag Archives: Inverse Condemnation

Tort/Negligence – Real Property – Inverse Condemnation — Municipal – Governmental Immunity – Insurance — Road Closure – Act of God (access required)

Kirkpatrick v. Town of Nags Head Even though the defendant-town has commercial general liability insurance, the destruction of the road that provided access to plaintiffs’ beach house was an act of God, which is not a covered occurrence. Since the town made a conscious decision not to repair and to close what was left of the road, the town’s acts and omissions were not a covered occurrence, either. We reverse the trial court’s denial of summary judgment for the town on the grounds of governmental immunity.

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