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Zoning Bulletin September 10, 2014 Volume 8 1 Issue 17 <br />impact on the siting of PWS facilities." The court pointed to the different <br />times for appeal from zoning decision related to PWS facilities under <br />Chapter 40A, § 17 and the TCA. The court concluded that since the TCA <br />preempts local zoning laws where the state provisions conflict with those <br />of the TCA, the TCA preempted the state law time for appeal of zoning <br />decisions. "It would violate every precept of federal preemption to pennit <br />a state law to override an express provision of the TCA, here by barring <br />an appeal otherwise property taken under the TCA," said the court. <br />See also: Sprint Spectrum L.P. v. Town of Easton, 982 F. Supp. 47 (D. <br />Mass. 1997). <br />Procedure/Exhaustion of <br />Administrative Remedies — <br />Property owners file action in <br />court, seeking declaratory <br />judgment that they had vested <br />rights to develop their property <br />County maintains property owners first needed <br />to exhaust administrative remedies and <br />therefore suit should be dismissed <br />Citation: Swan Beach Corolla, L.L.C. v. County of Currituck, 760 <br />S.E.2d 302 WC. Ct. App. 2014) <br />NORTH CAROLINA (07/01/14) This case addressed the issue of <br />whether property owners were required to exhaust administrative reme- <br />dies before bringing their declaratory judgment action regarding vested <br />rights. <br />The Background/Facts: In 1966, Ocean Associates, LP, purchased <br />approximately 1,400 acres of property (the "Property") in Currituck <br />County (the "County"). Ocean Associates intended to develop a residen- <br />tial subdivision along with related commercial services on the Property. <br />In 1969, Ocean Associates created and recorded a subdivision plat, <br />indicating its intent to subdivide the property into residential and business <br />lots. At that time, the County had no applicable zoning ordinances. Ac- <br />cording to Ocean Associates, also at that time, the County asked it to <br />refrain from developing the business lots until the residential lots were <br />sufficiently occupied. <br />After filing the subdivision plat, Ocean Associates invested $425,050 <br />on infrastructure related expenses that would serve both the business and <br />residential lots. <br />2014 Thomson Reuters 7 <br />