Law School Case Briefs
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Shell Island Homeowners Ass'n v. Tomlinson
Court of Appeals of North Carolina (1999) | 517 S.E.2d 406; 134 N.C. App. 217; 1999 N.C. App. LEXIS 751
TL;DR: A condo association, barred by state rules from building a seawall, sued for a regulatory taking. The court dismissed the suit, finding no property right to build such a structure and that the prohibitive rule existed before the condo was built.
Legal Significance: Establishes that pre-existing environmental regulations form part of the background principles of a state's property law, precluding a regulatory takings claim for landowners who acquire property subject to those rules.