In late 2016, a group of some Topsail Beach citizens filed a lawsuit against the Town of Topsail Beach. As a result, in December, a Pender County judge issued an injunction order, preventing the Town from issuing any building permits for more than 20 beachfront lots on the south end of the Town.
Earlier this month, the Court heard oral argument from both sides and ruled in favor of the Town, holding that, until a permit request is considered by an engineer and a permit issued, a blanket prohibition on permitting would be premature. Congratulations to the Town and Steve!
A fundamental question at issue is the interpretation of an ordinance that governs when and how a dune can be altered in the course of building on the oceanfront. Most coastal communities in the nation have the same ordinance. Thus, the Court’s ruling could have state and national significance.
The group of some Topsail Beach citizens who brought the lawsuit have stated they intend to appeal.
We will continue to update you on the progress of the case. Steve and the firm are honored to have partnered with the Town in defending the lawsuit. If you have a question about your right to build on your oceanfront lot, contact Steve!