12 • 14 • 2016
Protect NC Public Trust Rights to Beach Access
The goal of this campaign was to defend North Carolina's strong interpretation that the dry-sand beach--the portion of the beach landward of the mean high tide line to the foot of the dunes--is subject to the public trust and should be accessible to the public.
In the Nies v. Town of Emerald Isle case, beachfront homeowners Diane and Gregory Nies have sued the Town of Emerald Isle because they want to exclude the public from the sandy beach in front of their home. The Town heroically has taken action to defend the beach access rights of North Carolinians by zealously advocating for public beach access rights to walk over and enjoy the dry sand, without encroachment, including beach equipment within 20 feet seaward of the dunes. The lower court and appellate court agreed with the Town, but the Nieses have appealed the matter up to the state Supreme Court. Surfrider Foundation filed an amicus brief in support of the Town.
On December 14, 2016, the North Carolina Supreme Court dismissed the Nieses appeal and upheld the strong public access decision from the North Carolina Appellate Court.