By Michelle Wagner | Outer Banks Voice on April 9, 2021
Bob Hovey, the Duck business owner who filed a lawsuit arguing that a beach access in the Sand Dollar Shores subdivision is in the public trust, says he plans to challenge an April 6 Court of Appeals ruling that the access is private.
Hovey told the Voice of his decision to file an appeal with the NC Supreme Court after consulting his attorney, Gregg Wills.
“I think it’s crazy that the Appellate Court stated in the ruling that I would have to access the beach in Duck from Kitty Hawk or Corolla,” he said in a written statement. “It concerns me that my tax dollars as well as Dare County Occupancy tax is used to be pay for beach nourishment in Duck. I can drive down a public street and see the beach that Dare County tax revenue and my tax dollars are using to pay for the beach nourishment, yet I cannot access the beach.”
Hovey, who has for years led a crusade for public beach access in the northern Outer Banks town, filed the 2019 lawsuit several months after being arrested and charged with second-degree trespassing when attempting to use the access at the end of Sea Breeze Drive. The charges were later dropped.