Federal Court Must Rule In Beach Property Suit, 4th Circ. Says
By David McAfee
Law360, Los Angeles (August 27, 2013, 10:11 PM EDT) -- The Fourth Circuit ruled Tuesday that a district court couldn't abstain from ruling in a suit over Nags Head, N.C.'s efforts to declare beachfront properties that encroach onto public lands as nuisances, finding the federal court's ruling wouldn't be disruptive enough to state law to warrant abstention.
The district court adjudicated the claims in a similar suit, but concluded in 2012 that it was inappropriate for a federal court to intervene in such “delicate state-law matters” and abstained from ruling. The lower court refused to decide...