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TOWN OF NAGS HEAD v. TOLOCZKO

No. 12-1537.

728 F.3d 391 (2013)

TOWN OF NAGS HEAD, Plaintiff-Appellee, v. Matthew A. TOLOCZKO; Lynn B. Toloczko, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: August 27, 2013.

Attorney(s) appearing for the Case

ARGUED: J. David Breemer , Pacific Legal Foundation, Sacramento, California, for Appellants. Charles Everett Thompson, II , Thompson & Pureza, Elizabeth City, North Carolina, for Appellee. ON BRIEF: William J. Brian, Jr. , Keith P. Anthony , Morningstar Law Group, Morrisville, North Carolina, for Appellants. David R. Pureza , Thompson & Pureza, P.A., Elizabeth City, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge DIAZ wrote the opinion, in which Judge SHEDD and Judge DAVIS joined.

DIAZ, Circuit Judge:

We heard argument in this case in concert with the related appeal of Sansotta v. Town of Nags Head, 724 F.3d 533, No. 12-1538, 2013 WL 3827471 (4th Cir.2013). Both suits involve a slew of federal and state law claims concerning the legality of efforts by the Town of Nags Head, North Carolina (the "Town"), to declare beachfront properties that encroach onto "public trust lands" a nuisance, and regulate them...

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