Nies v Emerald Isle -- Supreme Court Dismisses Appeal


The North Carolina Supreme Court provided the users of the State’s ocean beaches with an early Christmas present today by dismissing the Nies appeal (see attached). In doing so, the opinion of the North Carolina Court of Appeals stands as the law in North Carolina unless and until the Legislature or the North Carolina Supreme Court addresses it in the future. There is some limited chance that the Nies will seek to appeal to the U.S. Supreme Court or to seek some other Federal remedy. An appeal to the U. S. Supreme Court in this case is highly unlikely to be accepted, and any collateral Federal remedy will have to start from the bottom of the legal process with a lot of expense for the Nies and with a high likelihood of an unfavorable outcome. Time will tell, but for now, this is as good an outcome as can be expected.

Again, I appreciate your allowing me to prepare an amicus brief in this case on your behalf. While we will likely never know how the brief affected the ultimate outcome, Emerald Isle’s attorney assures me it was helpful to the cause.

Thank you,


Benjamin M. Gallop, Attorney at Law
Hornthal, Riley, Ellis & Maland, LLP
2502 S. Croatan Highway, Nags Head, NC 27959
T:   (252) 441-0871
F:   (252) 441-8822