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BARRIS v. TOWN OF LONG BEACH

No. COA09-333.

704 S.E.2d 285 (2010)

Theodore D. BARRIS and wife, Carol P. Barris, Plaintiffs, v. TOWN OF LONG BEACH, a Former North Carolina Municipal Corporation and Body Politic, now known and referred to as, Town of Oak Island, a North Carolina Municipal Corporation and Body Politic, and Successor in Interest to the Former Town of Long Beach; Town of Oak Island, a North Carolina Municipal Corporation and Body Politic; and the State of North Carolina, Defendants.

Court of Appeals of North Carolina.

December 21, 2010.

Attorney(s) appearing for the Case

Law Offices of G. Grady Richardson, Jr., P.C., by G. Grady Richardson, Jr. , Wilmington, for plaintiffs-appellees.

Crossley McIntosh Collier Hanley & Edes, PLLC, by Brian E. Edes and Justin K. Humphries , Wilmington, for defendants-appellants.

JACKSON, Judge.

The town of Oak Island, North Carolina ("Town") appeals the 23 October 2008 order enjoining it from developing the end of a public street, imposing a monetary sanction, and awarding attorney's fees. For the reasons stated herein, we reverse and remand.

Theodore D. Barris and Carol P. Barris ("appellees") are residents of Oak Island, North Carolina, and owners of a non-exclusive easement for purposes of ingress, egress, and regress. Appellees...

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