• 68°

Federal lawsuit filed by non-resident property owners

Six non-resident property owners have filed a civil lawsuit in federal district court against Dare County for prohibiting the owners’ entry into the county.

The legal action, filed April 7, 2020, asks the court to declare the prohibition unconstitutional and that the action was taken without legal power or authority. Further, the plaintiffs ask for both preliminary and permanent injunction to stop enforcement of the prohibition.

In response to the public health threat from COVID-19, Dare County enacted a State of Emergency on March 16, 2020.

A day later, the county prohibited the entry of non-resident visitors.

On Friday, March 20, effective at 10 p.m., the county prohibited the entry of non-resident property owners.

The plaintiffs allege that denying them entry to Dare County violates the first clause of Article IV, Section 2 of the United States Constitution, which reads “The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.”

Additionally, the plaintiffs allege a procedural issue.

The complaint states that the March 16 State of Emergency was not “lawfully enacted in accordance with a valid Emergency Management Ordinance.” The lawsuit states that the Emergency Management Ordinance was enacted by resolution amending the Dare County Code of Ordinances.

The complaint alleges that Dare County failed to properly adopt its Emergency Management Ordinance, and therefore the ensuing State of Emergency Declaration on March 16 and prohibitions of entry subsequently issued are invalid.

“Dare County is unable to comment on a possible or potential lawsuit,” says Dare County Public Information Officer Dorothy Hester. As of Wednesday, April 8, at 5 p.m., the complaint had not been served on the county.

The legal action was filed by S.C. Kitchen with Kitchen & Turrentine, PLLC, of Raleigh.

Plaintiffs are John P. Bailey from South Carolina, E. Thompson Bailey from Virginia, Paul W. Michael Jr. and Sheryl S. Michael from Virginia, Todd A. Edgar and Babette S. Edgar from Maryland.

As of press time, Kitchen had not returned messages left to request comment.

READ ABOUT MORE NEWS HERE.

RECENT HEADLINES:

Dare Sheriff’s Office adapting to new normal

News

Running out of storm names, Atlantic season goes Greek

News

Regional COVID-19 case count update

News

Permit for water treatment system issued for Chemours site

News

Duck Town Council reviews promotions and contracts

News

Mascot name change presentation brought to Dare Board of Education

News

Dare County warns about coastal flooding and NC 12 impact

News

Cape Hatteras Electric Cooperative linemen travel to Alabama to assist with Hurricane Sally damage

Crime

UPDATED: Body found in Virginia believed to be missing North Carolina man, suspect charged

Hyde

NCDOT: Bigfoot Slough dredging tentatively scheduled for next week

News

Cooper: North Carolina can elementary schools move to Plan A in October

News

ARHS reports additional COVID-19 related death in Bertie County

News

Unsettled weather visits Outer Banks

News

Four positive COVID-19 cases reported at Peak Resources

News

Additional COVID-19 related death reported in Pasquotank County

News

NC lieutenant governor: Reopen schools without mask mandate

News

Some North Carolina voters mistakenly get two absentee ballots

Currituck

Currituck County Board of Education names Lutz as superintendent

Lifestyles

Constitution Week begins Thursday

News

Split North Carolina appeals court retains two amendments

Schools

School bus driver class set in Columbia

Crime

Currituck County man sentenced in federal court for illegal gun possession

News

State and local COVID-19 updates

Hyde

Ocracoke Campground season extended through winter 2020-21

News

State relief bill funding comes to various agencies in northeastern North Carolina