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Currituck to appeal Superior Court ruling

Currituck County Government will seek review of an unfavorable ruling delivered in Superior Court today in the case of Swan Beach Corolla, LLC v. Currituck County. Judge Milton F. Fitch, Jr., entered a default judgment against the county in the amount of $39,000,804.

This case is not ended, as Currituck County is preparing to file a motion, as allowed, to have the case reviewed by the Superior Court. Currituck County may also file an appeal with the North Carolina Court of Appeals once the decision is deemed final.

In its lawsuit, Swan Beach Corolla, LLC claims that Currituck County has denied permits to allow Swan Beach Corolla, LLC's development of commercial businesses in the four-wheel drive area because the representatives of Swan Beach Corolla, LLC are of Jewish faith and do not reside in North Carolina. The permits were applied for in 2008 and 2011.

Currituck County strongly maintains that it has not and does not discriminate against anyone, for any reason. Furthermore, Currituck County maintains that no property rights have been violated by denying permits for commercial business development never allowed by county ordinances in the four-wheel drive area. 

"The facts of this case show that the Currituck County Board of Commissioners never considered the religious faith or place of residence of the plaintiff's members when it acted on the plaintiff's 2008 and 2011 zoning applications. The unanimous decisions of the Currituck County Board of Commissioners denying the plaintiff's 2008 and 2011 zoning applications were based solely on provisions of the county's land use plan, recommendations of the Planning Board and staff, and overwhelming citizen opposition. It is outrageous that the corporate and individual plaintiffs who never suffered discriminatory treatment in this matter now demand that the citizens of Currituck County hand them $39,000,000," said David Griggs, Chairman of the Currituck County Board of Commissioners. 

It is anticipated that the county's request for Superior Court review can be heard this summer and the appeal to the North Carolina Court of Appeals sometime in 2017. The county will provide more information and hearing dates when scheduled by the courts.

Citizens may also review certain documents related to this case: