Town of Nags Head v. Toloczko, et al
| Town of Nags Head |
| Lynn B. Toloczko and Matthew A. Toloczko |
| Lynn B. Toloczko and Matthew A. Toloczko |
| Town of Nags Head |
| 2:2011cv00001 |
| January 7, 2011 |
| US District Court for the Eastern District of North Carolina |
| Northern Division Office |
| DARE |
| James C. Dever |
| All Other Real Property |
| 28 U.S.C. ยง 1446 |
| Defendant |
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Filing
92
ORDER that the Town's third claim and the Toloczkos' first, second, fourth, and fifth counterclaims, the court GRANTS the Toloczkos' motion for summary judgment and DENIES the Town's motion for summary judgment. The court GRANTS s ummary judgment to the Town on the Toloczkos' physical-occupation takings claim in counterclaims sixteen, eighteen, and nineteen, and DENIES summary judgment to the Town and the Toloczkos on the Toloczkos' temporary regulatory takings claim in counterclaims sixteen, eighteen, and nineteen. On the Toloczkos' twentieth and twenty-first counterclaims, the court DENIES the Toloczkos' motion for summary judgment and GRANTS the Town's motion for summary judgment. The court DIS MISSES the Toloczkos' third and sixth counterclaims as moot. The court denies 78 Motion to Strike. Counsel is reminded to read teh order in its entirety for critical deadlines and information. Signed by Chief Judge James C. Dever III on 8/18/2014. (Edwards, S.)
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Filing
54
ORDER - The Court declines to exercise jurisdiction over the case at this time. Accordingly, the Court dismisses without prejudice Defendants' first through fifteenth, seventeenth and eighteenth counterclaims, and dismisses the Town's firs t and second claims. The Court stays Defendants' sixteenth, ninteenth, twentieth and twenty-first counterclaims, and the Town's third claim. The Court grants in part and dismisses in part without prejudice the Town's 17 motion to dismiss. The Court denies without prejudice Defendants' 25 motion for partial summary judgment. Signed by Chief Judge James C. Dever III on 03/28/2012. (Skinner, J.)
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