The town of Carolina Beach is considering a variety of solutions including eminent domain after complaints of a high traffic sidewalk being blocked by an oceanfront restaurant’s new patio.
At a Town Council workshop on Sept. 22, Community Development Director Jeremy Hardison briefed the council on concerns over the new patio setup at Hurricane Alley’s, which blocks pedestrian access leading to the beach. The building, located at 5 Boardwalk, is situated next to an ADA accessible ramp that is also obstructed by the tables and chairs.
Though the sidewalk has long been publicly accessible, it is private property owned by the restaurant.
The new patio, which was introduced this spring, created a “choking point” for pedestrian traffic, Hardison said.
The setup also prompted concerns over emergency and public safety access.
The path forward
Town officials discussed rerouting the sidewalk around the back of the building and obtaining an easement from the neighboring Marriott hotel. Rebuilding the sidewalk further east was also considered, though concerns were raised about state Coastal Area Management Act regulations. Mayor Lynn Barbee noted that obtaining an easement would be the easiest solution.
The town’s plans for a new public park directly adjacent to Hurricane Alley’s has put a spotlight – and a time crunch – on working through the issue.
“We’re building a park all the way around this property, we could take the walkway or take the whole property probably if we wanted to,” Barbee said, clarifying that he was not advocating for eminent domain.
Hurricane Alley’s owner David Cole told the StarNews that he was not made aware that the town was discussing taking his property until two days after the workshop when a friend shared a video of the meeting with him.
“Anyone that I have talked to about this, I reached out to them first,” Cole said. “They’re the ones trying to take my property.”
Barbee said that Cole had offered “a couple good options” that the town was considering that did not involve eminent domain. The mayor emphasized that both town administration and Hurricane Alley’s inherited the issue from previous decisions not to pursue an easement.
The building was constructed in 1953, and the walkway was a wooden boardwalk at the time. In the 1970s, the town replaced the boardwalk with a concrete sidewalk.
In 2012, the town received a proposal for a deck on the sidewalk. Staff permitted the deck but wanted to work with the property owner at the time to maintain access without pursuing legal action. The town entered an informal agreement with the business owner to maintain a five-to-seven-foot walkway. However, no public access easement was recorded.
In 2019, the business applied for a conditional use permit modification to allow for a rooftop bar. Hardison said that staff recommended that the town obtain an easement, though council elected not to make it a condition of approval.
Endowment funds park plans
In January 2025, the town of Carolina Beach settled a lawsuit with the owner of nine boardwalk properties, ultimately purchasing the land for $12 million. Carolina Beach Land Holdings LLC had sued the town over a sidewalk dispute, as the land was used for the boardwalk’s seasonal amusement park rides.
Following the acquisition, the New Hanover Community Endowment approved a $3.5 million provisional grant to support the creation of the Carolina Beach Coastal Park and Event Stage.
The oceanfront site will be turned into a public park with new green space, outdoor recreation and gathering spaces for the community. Ideas include a new stage for entertainment and educational programs and family-friendly amenities such as a splash pad, but the town will gather public input on the design of the park.
Daniel Sheehan covers New Hanover County for the StarNews. Reach him at dsheehan@usatodayco.com.
This article originally appeared on Wilmington StarNews: Carolina Beach eyes eminent domain over restaurant's blocked path
