Superior Court denies injunction on beach parking permit

In Currituck County Superior Court on July 30, 2018, Superior Court Judge Jeffery Foster denied a preliminary injunction request from plaintiffs Sandra Schneiler and the Virginia Four Wheel Drive Association.  The plaintiffs sought an injunction prohibiting Currituck County’s enforcement of a county ordinance requiring parking permits on the county’s off-road area beach.

The Board of Commissioners adopted the ordinance on March 5, 2018, with the goal of enhancing public safety.  The four-wheel drive beach strand is a popular area shared by many vehicles and pedestrians.  The permit system is designed to control the number of vehicles on the beach and increase safety along the shoreline for pedestrians.  County residents and property owners receive free parking permits, while visitors can obtain permits for a fee.

On June 21, 2018, the Virginia Four Wheel Drive Association filed a lawsuit claiming the Currituck County ordinance violates a section of the North Carolina constitution regarding special privileges.  The group claims it is illegal for the county to allow its residents to park on the beach for free while requiring visitors to pay for their permits.

Currituck County must file its legal response to the lawsuit by August 20, 2018.  Updates on this case will be provided as information becomes available.