Post Profile






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.
read more

share

Related Posts


Public purse stays closed for morbidly obese man

Issues & Causes / Human Rights : UK Human Rights Blog

Condliff, R (on the application of) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910 – Read judgment A morbidly obese man has lost his appeal against his local Primary Care Trust’s (PCT’s) refusal to fund his anti-obesit...

Commonwealth Court Affirms Entry of Summary Judgment In Favor of Municipal Defendant Under Hills and Ridges Doctrine and Tort Claims Act

Industries / Law : Tort Talk

In its recent decision in the case of Moon v. Dauphin County, PICS Case No. 15-1832 (Pa. Cmwlth. Dec. 10, 2015 Covey, J.), the Pennsylvania Commonwealth Court granted a Defendant County's Motion for Summary Judgment in a slip and fa...

"I wouldn't have bought it if I'd known" is enough for standing, 9th Circuit says again

Industries / Law : 43(B)log

Galope v. Deutsche Bank National Trust Co., No. 12–56892, 2014 WL 1244279 (9th Cir. Mar. 27, 2014) The court of appeals reversed a grant of summary judgment in favor of Deutsche Bank and other defendants. Galope adequately alleged t...

No binding assurances about badgers, says Court of Appeal

Issues & Causes / Human Rights : UK Human Rights Blog

R (o.t.a. Badger Trust) v. SoS for Environment and Rural Affairs, CA, 29 October 2014, read judgment, on appeal from Kenneth Parker J, Admin Ct, 29 August 2014 read judgment The Court of Appeal has dismissed an attempt by the Badger...

Climate win: Appeals court in Oregon rules state court must decide if atmosphere as a “public trust”

US Politics / Liberal : AmericaBlog.com

Oregon court required to rule on whether allowing climate change violates the "public trust doctrine."

Comments


Copyright © 2016 Regator, LLC