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MAYS-OTT CO., INC. v. TOWN OF NAGS HEAD

No. 89-73-CIV-2-D.

751 F.Supp. 82 (1990)

MAYS-OTT COMPANY, INC., Plaintiff, v. TOWN OF NAGS HEAD, Defendant.

United States District Court, E.D. North Carolina, Elizabeth City Division.

November 1, 1990.

Attorney(s) appearing for the Case

Michael B. Brough, Michael B. Brough & Associates, Chapel Hill, N.C., for plaintiff.

M.H. Hood Ellis, Elizabeth City, N.C., Thomas L. White, Jr., Manteo, N.C., Donald C. Prentiss, Hornthal, Riley, Ellis, & Maland, Elizabeth City, N.C., for defendant.

MEMORANDUM OF DECISION

DUPREE, District Judge.

Plaintiff filed this action pursuant to 42 U.S.C. § 1983, alleging that the Town of Nags Head's arbitrary and capricious refusal to extend an expired site plan approval for a partially completed duplex project deprived plaintiff of a vested property right in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. As relief, plaintiff asks the court to enjoin defendant...

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