N.C. Supreme Court denies challenge to Currituck County’s campground regulations

The North Carolina Supreme Court issued a ruling last week denying the owners of a Currituck mainland campground’s 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 Outer Banks West/Currituck Sound KOA 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 north end of Church’s Island.

Those additions are not permitted by development regulations, according to a county press release.

The order from the state’s highest court affirms a decision made by the N.C. Court of Appeals, which ruled in Currituck County’s favor on August 17.

The Court of Appeals decided that under Currituck County development regulations, the county was 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.