The North Carolina Supreme Court heard arguments on Tuesday regarding a dispute over a sewer line installed by the town of Apex under Beverly Rubin’s property in 2015. Courts have previously ruled that the town violated Rubin’s rights by installing the line for a private purpose. Rubin is seeking to have the pipe moved, while the town argues she should accept compensation instead.
Lawyers for both sides presented their arguments, with Rubin’s lawyer asserting that the government cannot occupy a citizen’s property for a private purpose, regardless of compensation. The town’s attorney argued that Rubin could have sought an injunction earlier and that she had a remedy available but chose not to pursue it.
Justices on the Supreme Court questioned both parties, with Chief Justice Paul Newby questioning the town’s incentive to comply with the constitution if they can simply provide compensation for property violations. Justice Richard Dietz challenged the town’s decision to proceed with the sewer line knowing it was for a private purpose, and Justice Trey Allen questioned why the town did not pause when faced with constitutional challenges.
Ultimately, the court was urged to consider the impact of their decision on future cases and the potential burden on landowners like Rubin to continuously fight against government overreach. The court’s ruling could have far-reaching consequences for property rights in the state.
Source
Photo credit www.carolinajournal.com
