NC Supreme Court Ruling on Private vs Public Walkways

​As you may recall, several years ago Duck DVO business owner Robert Hovey used the private Sand Dollars Shores (SDS) subdivision ocean access walkway for his surfboard customers so they could get to the ocean beach for surfing and for lessons that he conducted.  The SDS HOA complained about Hovey doing this as they own and maintain the walkway, and they never intended it to be used by the general public.  Hovey sued SDS over the issue.  The initial judge found in favor of Hovey.  SDS appealed that judgement to the NC Appeals Court, and that court unanimously reversed the initial judgement.  Hovey then appealed that judgement to the NC Supreme Court.  Last week, the NC Supreme Court dismissed the Hovey appeal, so this issue is now finally settled in favor of SDS maintaining their walkway as a private walkway.

This is an important case and conclusion.  There are around 50 subdivisions in Duck, which includes Carolina Dunes of course, and most of them have ocean access walkways.  Our 3 walkways were constructed and are maintained by CDA for private use.  There are no Duck, Dare County or NC taxes used to maintain our walkways.  CDA dues cover 100% of the expenses.  Had the Hovey case been settled in favor of Hovey, our walkways might have been forced, in time, to be open and to be available to the general public.  Additional car traffic and parking issues would likely have ensued.   The NC Supreme Court ruling is significant and important to us.