IN THE SUPREME COURT OF NORTH CAROLINA No. 290A19 Filed 28 February 2020 BOBBY G. BOLES, et al.

v. TOWN OF OAK ISLAND

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 830 S.E.2d 878 (N.C. Ct. App. 2019), reversing and remanding an order granting defendant’s motion for summary judgment entered on 2 May 2018 by Judge James Ammons Jr. in Superior Court, Brunswick County. Heard in the Supreme Court on 4 February 2020.

Norman B. Smith, Steven B. Fox, and Mallory G. Horne for plaintiff-appellees.

Parker, Poe, Adams & Bernstein LLP, by Charles C. Meeker and Stephen V. Carey, and Crossley, McIntosh & Collier, by Brian E. Edes, for defendant- appellant.

Craige & Fox, PLLC, by Charlotte Noel Fox, for Town of Holden Beach, a North Carolina Municipality, amicus curiae.

John M. Phelps II, Gregory F. Schwitzgebel III, and Monica Langdon Jackson for North Carolina League of Municipalities, amicus curiae.

PER CURIAM.

We reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion.

REVERSED.