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TOWN OF NAGS HEAD v. TOLOCZKO

No. 2:11-CV-1-D.

863 F.Supp.2d 516 (2012)

TOWN OF NAGS HEAD, Plaintiff, v. Matthew A. TOLOCZKO, and Lynn B. Toloczko, Defendants.

United States District Court, E.D. North Carolina, Northern Division.

March 28, 2012.

Attorney(s) appearing for the Case

C. Everett Thompson, II, C. Everett Thompson, II, Attorney at Law, Elizabeth City, NC, for Plaintiff.

Jason Charles Pfister, Keith P. Anthony, K & L. Gates LLP, Research Triangle Park, NC, William J. Brian, Jr., K & L Gates, LLP, Morrisville, NC, for Defendants.

ORDER

JAMES C. DEVER III, Chief Judge.

At its core, this case involves whether the Town of Nags Head ("Town" or "plaintiff") can enforce land-use ordinances against the owners of a private home abutting the ocean beach. The case raises profound and unresolved issues of North Carolina law that transcend this particular case. As the Fourth Circuit has recognized on several occasions, it is not the role of a federal court to intervene in such delicate state...

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