NC Supreme Court sides with Currituck in campground expansion dispute

By on December 23, 2021

(Currituck County)

On Dec 22, Currituck County released this announcement of a North Carolina Supreme Court ruling that sided with the county in rejecting an expansion and the installation of a swimming pool at the KOA Outer Banks campground.

Here is the release.

The North Carolina Supreme Court issued a ruling on Dec. 14 denying a private business’ petition for the court’s review of a Court of Appeals decision affirming Currituck County campground regulations. The dispute between 85’ and Sunny, LLC, owners of the KOA Outer Banks West campground in Waterlily, and Currituck County involved the owner’s application to increase the number of campsites and build a swimming pool and other new facilities on the property at the campground not permitted by the county’s development regulations.

The Supreme Court order affirms a decision made by the NC Court of Appeals, which ruled in Currituck County’s favor on Aug. 17. The Court of Appeals decided that under Currituck County development regulations, the county correctly limited the number of campsites to 234 and denied the construction of a swimming pool or other new facilities.

Originally, Currituck County’s Planning Department applied the county’s development ordinance requirements and an appeal by 85’ and Sunny, LLC to the Currituck County Board of Adjustments was denied. A subsequent appeal to NC Superior Court in 2020 was decided in favor of 85’ and Sunny, LLC, allowing an increase in the number of campsites but not allowing construction of a swimming pool. Both parties appealed that decision to the NC Court of Appeals.

With the final ruling by the NC Supreme Court, the KOA Outer Banks West campground will be limited to 234 campsites for RVs, trailer, or campers and a tent camping area with the number of spaces to be determined based on minimum site size. The owners will not be allowed to add a swimming pool or other new facilities to the property.  Currituck County will assess the campground to determine if any structures do not meet county regulations and may need to be removed.



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BP0790: Caulking / Caulking

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  • Tp

    Why cant a campground have a swimming pool? Pine Island haa about a hundred.

    Thursday, Dec 23 @ 4:13 pm
  • Ann Williams

    Very proud of you Currituck county!
    We are already dealing with way to much big corporate demands on the Outer Banks as it is.

    Thursday, Dec 23 @ 4:29 pm
  • Ralph

    Just another limitation put on the “little guy”. Seems like Currituck has decided to build more million dollar homes (each with their own pool) but to let a family campground expand – “heaven help us the sky is falling” Currituck will have their day of reckoning. To much development – where is the “bridge” ?

    Friday, Dec 24 @ 5:50 am
  • Dano

    Why spend any of the visitor tax money on the mainland when visitor taxes don’t promote a business that is for visitors. Most people that have Rv’s are not going to rent a house in Corolla. They will just go someplace else. It would be better to have time limits on stays at designated rv parks (one month a year) and have no full timers. If they want to be a trailer park have them designated as such. Too many rv parks turn into trashy full timer parks and vacationers have no place to stay. County Commisioner’s could make this happen. This would bring quality visitors and money to the mainland.

    Friday, Dec 24 @ 8:12 am
  • RAJ

    Doesn’t Currituck have a “single family home” on the ocean front that has like 44 bedrooms? Why can’t KOA have a pool? A pool has to be better than the failing sewer systems Currituck has allowed. I’ll bet just about all the houses built in the last 10 years in Corolla has a pool. Makes me wonder if someone with some political muscle wants the KOA track of land for development purposes.

    Friday, Dec 24 @ 8:50 am
  • Susie

    Almost to the point of ridiculousness. With the size of the homes Currituck allows daily to be built in Corolla -they are worried about a pool in a campground? This helps improve the campground especially with the number of RV visitors we get. No reason to say no.

    Friday, Dec 24 @ 12:43 pm
  • Beethoven's 5th

    Evidently the owners of KOA aren’t offering the same type of stocking stuffers to the Currituck BOC as the billionaires over on Pine Island do.

    Every house on the Currituck Outer Banks has a pool; yet, a campground that offers working-class people a vacation venue just isn’t as important to politicians as billionaires.

    Koch Republicans!

    Friday, Dec 24 @ 12:46 pm