Nags Head homeowners get federal court victory
Legal News Feed
Nags Head homeowners banned from repairing their beachfront property for five years because the town declared them a public nuisance are back at work, getting those homes renovated.
The Virginian-Pilot reported a U.S. District Court judge ruled last week for the homeowners on part of their claims, allowing them to start repairing their houses.
The dispute started with a winter storm in November 2009 that damaged parts of the town.
Nags Head wanted nine houses removed after the storm to protect the public and to maintain use of the beach, Town Manager Cliff Ogburn said. The homes take up most of the beach and block passage of rescue vehicles, he said.
"You can't walk north and south because of these houses," Ogburn said.
The town sent notices to homeowners saying the damaged houses sat on public trust property and would have to be removed or razed. Also, the town wouldn't issue building permits for repairs.
U.S. District Court Judge James Dever ruled the town is responsible for the homes becoming nuisances.
"But even assuming the damage from the November storm caused the cottages to become nuisances, no evidence suggests the cottages would have continued to be nuisances had the town allowed the owners to repair them, as North Carolina law obligated the town to do," Dever wrote in his decision, dated Nov. 6.
The decision involves a lawsuit brought by Roc Sansotta, owner of Cove Realty. He manages the nine cottages for the owners and has a partial ownership in five of them, the decision says.
Related listings
-
New York Adoption, Foster Care Litigation and Family Law
Legal News Feed 11/11/2014Representing clients from New York City to the surrounding counties in southern New York State and New Jersey, Rosin Sterinhagen Mendel is a law firm committed to representing clients in all aspects of family law. We strive to provide each client wit...
-
Appeals court takes on NSA surveillance case
Legal News Feed 11/05/2014A conservative gadfly lawyer who has made a career of skewering Democratic administrations is taking his battle against the National Security Agency's telephone surveillance program to a federal appeals court. Activist attorney Larry Klayman won the ...
-
North Carolina Worker's Compensation & Social Security Disability
Legal News Feed 11/04/2014We at DiRusso & DiRusso have been helping those in our area with legal need for the past 23 years. Located near Mount Airy, North Carolina, we are grateful for the citizens of Surry County for consistently choosing us for legal representation. Our st...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.