Plaintiffs Joseph and Linda Blackburn brought this case on behalf of themselves and all others similarly situated against Dare County, the Towns of Duck, Southern Shores, Kitty Hawk, Kill Devil Hills, Nags Head, and Manteo ("the Defendants"), for the taking of private property in violation of federal law.
On March 16, 2020, Dare County, as it has a right to do, declared a state of emergency due to the unprecedented public health concerns by COVID-19.
On March 20, 2020 at 10:00 p.m., the Defendants, through the Dare County Control Group, issued a "Declaration Imposing Additional Restrictions and Prohibitions under Dare County State of Emergency Declaration for COVID-19," which prohibited non-resident property owners from coming and quarinting in the very property they own.
Joseph and Linda Blackburn are non-resident property owners with a home in Dare County, who were prohibited from entering Dare County for 45 days. The Blackburns have brought this action on behalf of all non-resident property owners to recover the fair market rental value of their property for this period. The Blackburns are seeking class certification asking the Court to certify a class of all non-resident property owners so that all non-resident property owners may recover the fair market rental value of their property and other damages for the 45 days that they were prohibited from entering Dare County.