IN THE SUPREME COURT OF NORTH CAROLINA
No. 244A18
Filed 14 June 2019
TOWN OF NAGS HEAD
v.
WILLIAM W. RICHARDSON and wife, MARTHA W. RICHARDSON
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of
the Court of Appeals, ___ N.C. App. ___, 817 S.E.2d 874 (2018), reversing a judgment
notwithstanding the verdict entered on 17 October 2016 by Judge Gary E. Trawick
in Superior Court, Dare County, and remanding for a new trial. Heard in the
Supreme Court on 29 May 2019 in session in the State Capitol Building in the City
of Raleigh.
Hornthal, Riley, Ellis & Maland, L.L.P., by Benjamin M. Gallop and M.H.
Hood Ellis, for plaintiff-appellant/appellee.
Nexsen Pruet, PLLC, by David P. Ferrell and Norman W. Shearin, for
defendant-appellants/appellees.
PER CURIAM.
For the reasons stated in the majority opinion, this Court affirms the decision
of the Court of Appeals. Further, to clarify the remand order, the sole issue on
remand is the fair market value of the easement or, as presented to the jury, “What
was the fair market value of the 10-year beach nourishment easement on the
Richardsons’ property taken by the Town of Nags Head at the time of taking?”. See
TOWN OF NAGS HEAD V. RICHARDSON
Opinion of the Court
N.C.G.S. § 40A-64(b)(ii) (2017) (“If there is a taking of less than the entire tract, the
measure of compensation is . . . the fair market value of the property taken.”).
AFFIRMED.
Justice DAVIS did not participate in the consideration or decision of this case.
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