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Emerald Isle conflict and the Public Trust Doctrine

One man's freedom is another man's loss of freedom: State Superior Court denied the claim in 2014 and granted a summary judgment for Emerald Isle. The Nieses also lost their appeal in November 2015. The state Court of Appeals, in unanimously affirming the judgment of the lower court, delivered a robust defense of the public trust doctrine. “[W]e take notice that public right of access to dry sand beaches in North Carolina is so firmly rooted in the custom and history of North Carolina that it has become a part of the public consciousness,” the ruling states.
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