EMERALD ISLE — The Town of Emerald Isle is considering whether it will appeal a court ruling that denies public access to several beach walkways in the town.
The town is consulting with town attorney Richard Stanley as well as a second attorney on the issue.
“The town is still evaluating its options on whether or not to appeal,” Town Manager Frank Rush said this week.
The orders and judgments were entered by Chief Resident Superior Court Judge Ben Alford on July 18 and filed with the clerk of Carteret County Superior Court on July 22. The town has 30 days from the date of service to appeal the court ruling.
Alford ruled that the three beach access walkways at the center of the legal dispute are private and not for use or access by the town or the general public.
Attorney Clark Wright Jr. of New Bern, who represents the more than 200 individuals with property in the unnamed Emerald Isle subdivision where the accesses are located, said the ruling confirmed the claims made in the four civil complaints, which were heard jointly.
One, he said, the judge found the walkways were never proffered for dedication to the town (for public use). And even if they had been, the town has unlawfully tried to take them over now “after 40 years of representation and interpretation as being private,” Clark said.
The street-end walkways are in the neighborhood in the area around East/West Seaview Drive, Myrtle Drive and Mangrove Drive.
Wright said the complaints filed stem from the actions by the town in 2010, when, without notice, the town removed the private access signs and began allowing public use of the property. The walkways were part of the original development and had always been considered and maintained as private beach access for residents and their invited guests.
The town was ordered to take down signs indicating the walkways are public access and has done so, Wright said. It is also enjoined from otherwise publicizing the walkways as public access and must replace any of the signage previously posted indicating the walkways are private beach access.
On July 26, Wright filed a motion for the award of more than $140,000 in attorney fees for the plaintiffs from the town.
Wright said state law allows courts to award reasonable attorneys’ fees to successful parties in civil actions in such cases where local governments are found by court to have acted outside the scope of its legal authority.
Meanwhile, Stanley also filed a motion for the court to amend the judgment or grant a new trial. He raises issues with the statements in the order that the town acted outside of the scope of its authority and that there was abuse of discretion.
The motion asks that the finding be removed from the order or that there be a new trial.
Wright noted that there was no trial and that the ruling was by summary judgment.
The court is expected to hear the motions during the week of Aug. 19 in Craven County.
Rush said town commissioners will likely discuss whether or not to appeal the case during closed session at the board’s Aug. 13 meeting or in a special meeting prior to that date.
In a Daily News article in May 2012, when the complaints were filed, the town indicated that questions arose over ownership of these beach walkways and others not party to the complaints in 2009 when a property owner sought the town’s help in repairing a walkway at the end of Shore Rush Drive.
You can reach Jannette Pippin at 910-382-2557 or jannette.pippin@jdnews.com.