Boiling Spring Lakes responds to NC Court of Appeals ruling

BOILING SPRING LAKES, NC (WWAY) – The legal battle between a Brunswick County couple and the City of Boiling Spring Lakes is not over yet.

Homeowners Ed and Debra Wilkie sued the city, claiming work done in 2013 to raise water levels at Spring lake caused their yard to flood. Now, several feet of their property is underwater.

According to court documents, a Brunswick County judge ruled in favor of the Wilkies, stating the city took the Wilkies property without compensation.

The city appealed.

The NC Appellate Court reversed the original ruling and sent the case back to trial court.

The City of Boiling Spring Lakes just released this statement, saying in part, that nowhere in the decision of the Court of Appeals did the Court determine that the Wilkies actually have a Constitutional right that was violated … and thus, remand to the trial court to address the claim under the NC Constitution was simply necessary to properly dispose of the case.

Click here to read the entire response from Boiling Spring Lakes

Ed Wilkie says it’s not over.

He told us he and the other couple suing the City of Boiling Spring Lakes will not drop their lawsuits.

Wilkie says the lake level is currently down to where it is supposed to be, but he’s afraid if he loses the lawsuit completely, the town will once again raise the lake level.