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BLACKBURN v. DARE COUNTY

No. 2:20-CV-27-FL.

486 F.Supp.3d 988 (2020)

Joseph E. BLACKBURN, Jr., and wife, Linda C. Blackburn, and all similarly situated individuals, Plaintiffs, v. DARE COUNTY, the Towns of Duck, Southern Shores, Kitty Hawk, Kill Devil Hills, Nags Head, and Manteo, Defendants.

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

Signed September 15, 2020.

Attorney(s) appearing for the Case

Lloyd Clifton Smith, Jr., Lloyd Chifton Smith, III, Pritchett & Burch PLLC, P.O. Drawer 100, 101 Lawyer Lane, Whindsor 252-794-2392, Email: lsmith@ windsorlaw.com, Stuart W. Yeoman, Corey A. Finn, Finn & Yeoman, 401 West Main Street, Suite 1702, Louisville, KY 40202, 502-694-0565, Fax: 502-498-5267, Email: [email protected], for Plaintiffs.

Brian F. Castro, Christopher J. Geis, Womble Bond Dickinson (US) LLP, One West Fourth Street, Winston-Salem, NC 27101, 336-747-6635, Fax: 336-726-6935, Email: brian.castro@ wbd-us.com, for Defendant Dare County.

Clay Allen Collier, Norwood P. Blanchard III, Crossley McIntosh Collier Hanley & Edes, PLLC, 5002 Randall Parkway, Wilmington, NC 28403, 910-762-9711, Fax: 251-0446, Email: clayc@cmclawfirm. com, for Defendants Town of Nags Head, Town of Duck, Town of Kill Devil Hills, Town of Manteo, Town of Kitty Hawk, Town of Southern Shores.

ORDER

This matter comes before the court on defendant Dare County's ("County") motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (DE 23). This matter also comes before the court on defendant...

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