TOWN OF NAGS HEAD v. RICHARDSON (2019)

Supreme Court of North Carolina.

TOWN OF NAGS HEAD v. William W. RICHARDSON and wife, Martha W. Richardson

No. 244A18

Decided: June 14, 2019

Hornthal, Riley, Ellis & Maland, L.L.P., Elizabeth City, by Benjamin M. Gallop and M.H. Hood Ellis, for plaintiff-appellant/appellee. Nexsen Pruet, PLLC, Raleigh, by David P. Ferrell and Norman W. Shearin, for defendant-appellants/appellees.

For the reasons stated in the majority opinion, this Court affirms the decision of the Court of Appeals. Further, to clarify the remand order, the sole issue on remand is the fair market value of the easement or, as presented to the jury, “What was the fair market value of the 10-year beach nourishment easement on the Richardsons’ property taken by the Town of Nags Head at the time of taking?”. See N.C.G.S. § 40A-64(b)(ii) (2017) (“If there is a taking of less than the entire tract, the measure of compensation is ․ the fair market value of the property taken.”).

AFFIRMED.

PER CURIAM.

Justice DAVIS did not participate in the consideration or decision of this case.

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