Seabreeze Drive Beach Access Case

Seabreeze Drive Beach Access Case Decided

On February 14, the Honorable Superior Court Judge Lamont Wiggins issued a ruling in favor of plaintiffs Bob and Tanya Hovey following a summary judgement motion hearing on February 10, 2020 in the Hovey’s lawsuit with the Sand Dollar Shores Homeowners Association. Judge Wiggins ruled that the beach access on Seabreeze Drive in the Sand Dollar Shores subdivision of Duck was dedicated to public use.

The Town observed, but did not take a position on the summary judgment motion heard by Judge Wiggins at the February 10, 2020 hearing. In a written Consent Order entered prior to the hearing, the Hoveys and the HOA agreed with the Town’s long held position that the dispute over use of the beach access was between the Hoveys and the HOA rather than with the Town. The Consent Order was signed by all of the parties and entered in the public record by the First Judicial District Senior Resident Superior Court, the Honorable Judge Jerry R. Tillett in January. The Consent Order further confirms that the Town agreed to abide by the Court’s ultimate decision whether the Hoveys or the HOA prevailed, and Judge Wiggins’ order recognizes that agreement.

The Town will continue to observe the proceedings to see whether the HOA decides to appeal Judge Wiggins’ decision to the North Carolina Court of Appeals.

Per a recent court ruling, the 8′ Pedestrian Beach Access Easement located at the end of Seabreeze Drive (SR 1293) has been declared dedicated to the general public for the purpose of providing pedestrian access to the Atlantic Ocean beach. There is no on-street parking allowed in the Town of Duck. The closest public parking lot is located at the Duck Town Park at 1200 Duck Road. The access is not owned or maintained by the Town of Duck.

When staying in Duck, there are community accesses in most of the subdivisions. Please ask your rental agent or property manager for the closest appropriate access for your rental home.