Hovey Lawsuit Over

Hovey Lawsuit Over




Looks like it's over but who won?

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RE: Hovey Lawsuit Over




You may want to correct your statement above. It’s actually the opposite - the NC Court of Appeals found unanimously for the HOA that the beach access is private. It overturned the lower court’s ruling.

Click to follow link...



RE: Hovey Lawsuit Over




You may want to correct your statement above. It’s actually the opposite - the NC Court of Appeals found unanimously for the HOA that the beach access is private. It overturned the lower court’s ruling.

Click to follow link...

DoDuckNC


Yes, that was easier to read. Interesting.


RE: Hovey Lawsuit Over




Looks like it's over but who won?

Tim-OBX


I’d say by the Court of Appeals strongly worded unanimous opinion that refutes all of the Plaintiff’s arguments and upholds all of the Defendant’s, it’s certainly not Hovey.


RE: Hovey Lawsuit Over




The town of Duck should try to look for some kind of solution for public access. Yes I know all that all the beach access is private, but I wonder if they thought of buying or renting access from one of the associations. How many avenues did the town go down to try to solve the issue? Or was it "throw their hands up in the air" and say we can not do anything?


RE: Hovey Lawsuit Over




Most of the folks that own there were very against it


RE: Hovey Lawsuit Over




The Town simply doesn't want to deal with this - they have been "sticking their heads in the sand" on this issue forever - continually kicking it down the road.

That said, the town was incorporated after all of these communities were built on private land, so there wasn't any land left to acquire for any sort of public beach access. As the Court's opinion said, if Mr. Hovey want to go to the beach, there are plenty of public accesses elsewhere. There's no "right" to access the beach (or sound) in a specific location or town. Private property rights prevail.

He could also walk out the door of the oceanfront home he owns in Kitty Hawk. This isn't about beach access for him - it's all about the money. He owns a rental home and a business in Duck. He is not a resident. He purchased the house in a subdivision in Duck knowing it didn't have beach access. The home prices in this subdivision were lower than those in neighboring subdivisions which had beach access. That's on him - you cant have it both ways; either you pay more for beach access or you don't - but don't expect the spoils.

The overwhelming majority of landowners in Duck, through a survey a couple of years ago, said that beach access was not an issue. That's the way it goes - the Town is representing their landowners. All the people making a big deal of out of this don't even live in Duck - nor ever travel to Duck. They're claiming that people are going to get arrested for using these beach accesses - nothing is further from the truth. There are no guards or checkpoints, people come and go as they please.

There are some (a tiny minority) of homes in Duck which do not have beach access, but they use these beach access owned by other HoAs, including the one in dispute. The majority of these homes are rentals, so the owners and management companies are using the access owned maintained by others to make money - tha'ts a real sore point for some.

There has only been one person arrested for using this or any access in Duck, and it's because he bullied, provoked, and bothered the homeowners and disregarded numerous police warnings. They had had enough. If he just shut up and used the access as any normal person would, nothing would have happened.

Its really amazing to read all the comments on social media about this. The complete lack of understanding about the whole situation, how our legal system works, how beach nourishment is funded, etc. Statements like the HoA bribed the judge (they lost the original lawsuit, and the appeals court is a panel of judges), people were paid off, the appeals court had no "right" to overturn the initial verdict, the Duck residents and landowners have no property rights because, well, just because, is confounding. I guess it's easier to make stuff up then to face the facts on something that you don't like.


RE: Hovey Lawsuit Over




The town of Duck should try to look for some kind of solution for public access. Yes I know all that all the beach access is private, but I wonder if they thought of buying or renting access from one of the associations. How many avenues did the town go down to try to solve the issue? Or was it "throw their hands up in the air" and say we can not do anything?

colleen40


None. They've insisted it wasn't their problem and washed their hands of it. Well, at least until they arrested and criminally charged Hovey. Then they doubled down on their hand wringing with a letter.

Not a good look for them as they ask Dare County for more than half of their next nourishment project after it funded more than half of the last in 2017.

Will be interesting to see what they'll do now that they can't do it quietly.


RE: Hovey Lawsuit Over




I had a lady in Duck to tell me to move my canopy down the beach because it was in front of her dune deck. Every day that week it ended up in the same place.


RE: Hovey Lawsuit Over




Educate me. What is so special about the beach in Duck? From what most of you say, if you're not an owner/renter, there is no parking, and difficult traffic-wise to get there. We don't have these issues on the island.


RE: Hovey Lawsuit Over




I remember when there was nothing much past southern shores. When you could go anywhere. Mind you I have been to the Outer Banks since 1962. People just scooped up the property and made it private. Just like the kitty hawk pier is now part of a hotel. I ate at the pier and fished way back then.


RE: Hovey Lawsuit Over




Educate me. What is so special about the beach in Duck? From what most of you say, if you're not an owner/renter, there is no parking, and difficult traffic-wise to get there. We don't have these issues on the island.

ultrahog99


None of that's accidental.


RE: Hovey Lawsuit Over




What seems to be getting lost in this whole situation is that the HoA did not instigate this. Hovey sued the HoA, not the other way around. The HoA simply defended themselves against a lawsuit that the Appeals Court said "should have been dismissed."


RE: Hovey Lawsuit Over




What seems to be getting lost in this whole situation is that the HoA did not instigate this. Hovey sued the HoA, not the other way around. The HoA simply defended themselves against a lawsuit that the Appeals Court said "should have been dismissed."

DoDuckNC


Not quite. HOA members, who had been previously told by the town that Duck would not assess/enforce criminal trespassing violations at these accesses, called the police and Duck PD charged Hovey criminally. The civil suit was initiated to enable dismissal of the criminal charge.



RE: Hovey Lawsuit Over




What seems to be getting lost in this whole situation is that the HoA did not instigate this. Hovey sued the HoA, not the other way around. The HoA simply defended themselves against a lawsuit that the Appeals Court said "should have been dismissed."

DoDuckNC


Not quite. HOA members, who had been previously told by the town that Duck would not assess/enforce criminal trespassing violations at these accesses, called the police and Duck PD charged Hovey criminally. The civil suit was initiated to enable dismissal of the criminal charge.

KDHBreeze


Incorrect. Hovey first brought a lawsuit a year prior to his arrest. The lawsuit you are referring to is the second. In the first lawsuit, Hovey asked for Summary Judgement and was denied. Hovey then voluntarily dismissed the initial lawsuit and at that point, started badgering the HOA. He was then arrested by the town, not the HOA, although a homeowner called the police on Hovey because of a confrontation. . At that point, he sued again.


RE: Hovey Lawsuit Over




I "heard" the backstory to this hot mess was a certain business owner in Duck was using the access for a commercial reason- a surf school and before that the HOA never really much cared who accessed the beach.


RE: Hovey Lawsuit Over




I "heard" the backstory to this hot mess was a certain business owner in Duck was using the access for a commercial reason- a surf school and before that the HOA never really much cared who accessed the beach.

colleen40


Exactly. And they still don’t care who uses it except for Hovey, who was seen there last night trespassing.


RE: Hovey Lawsuit Over




I "heard" the backstory to this hot mess was a certain business owner in Duck was using the access for a commercial reason- a surf school and before that the HOA never really much cared who accessed the beach.

colleen40
Of all the lousy ways to make a duck.


RE: Hovey Lawsuit Over




I "heard" the backstory to this hot mess was a certain business owner in Duck was using the access for a commercial reason- a surf school and before that the HOA never really much cared who accessed the beach.

colleen40
That, and he used it as an amenity for the vacation rental house he bought at a much lower cost because it's in a location he knows does not have beach access. Basically, he sought to profit from that which others own and for which they pay while not contributing a dime.

Why didn't he just negotiate a price with the HOA to have his business and his vacation rental use their access?


RE: Hovey Lawsuit Over






Why didn't he just negotiate a price with the HOA to have his business and his vacation rental use their access?

SandyPaws4


I bet they said NO.


RE: Hovey Lawsuit Over






Why didn't he just negotiate a price with the HOA to have his business and his vacation rental use their access?

SandyPaws4


I bet they said NO.

Tim-OBX
I can see that. Their liability insurance probably wouldn't cover use by a commercial surfing school, given that the beach access is in a solely residential neighborhood. Plus, there's no lifeguard, nowhere to park, no public restrooms anywhere even near there... Nowhere to even duck behind a dune to relieve oneself because that puts you smack dab in someone's back yard.


RE: Hovey Lawsuit Over




If Duck wants beach sand replenished for their private beach, let them pay for it 100% out of their own pockets.


RE: Hovey Lawsuit Over




If Duck wants beach sand replenished for their private beach, let them pay for it 100% out of their own pockets.

Greg MD

You need to do a some research on the funding sources for beach replenishment. Also, no one ever said the beach was private.


RE: Hovey Lawsuit Over




Thread from last year about this. No reason to rehash the same points.

www.obxconnection.com/out...


RE: Hovey Lawsuit Over




If Duck wants beach sand replenished for their private beach, let them pay for it 100% out of their own pockets.

Greg MD

You need to do a some research on the funding sources for beach replenishment. Also, no one ever said the beach was private.

DoDuckNC


Oh. Can I park oceanside and walk over like every other beach town?


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