Legal action against a Brunswick beach town is on hold. Here's why.

A lawsuit between a Brunswick beach town and third generation property owner is left in suspense after a scheduled court hearing was cancelled.

The town of Holden Beach and resident Lisa Ragland were scheduled for a preliminary injunction hearing on April 14, 2025. Both parties requested dismissal before the hearing. However, Ragland requested to dismiss the lawsuit with the option it could be refiled.

Here's what to know.

What's the case?

Ragland has voiced concerns about the town's government by filing a civil suit against the town of Holden Beach through the Brunswick County Superior Court Division on Jan. 30, 2025.

Her case argues the board acted without a quorum during the Jan. 28, 2025, special meeting because only three out of six board members, Commissioners Tracey Thomas, Rick Paarfus and Tom Myers, were in attendance and took action.

Ragland believes the three commissioners violated state law, despite the town maintaining they did not act unlawfully, and requests the board's actions on Jan. 28 be "invalidated."

The civil case also requests the quorum section of the town of Holden Beach Charter be amended to reflect the North Carolina General Statute, which states that a quorum is when a majority of the board and the mayor are present.

On April 4, the town filed a motion to dismiss Ragland's complaint and first amended complaint requesting a hearing to follow or precede the preliminary injunction hearing that was scheduled.

Ragland on April 11 requested to voluntarily dismiss the lawsuit without prejudice. This allows her to refile the action within a year, if she chooses.

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Why dismiss the lawsuit?

The town filed voluntary dismissal of the case "for lack of standing and for failure to state a claim upon which relief may be granted," as stated in the town's motion to dismiss.

A memo in support of the town's motion to dismiss was submitted on April 10 in the afternoon, Town Attorney Sydnee Moore said.

On April 11, Ragland filed a notice of voluntary dismissal. She said her dismissal stems from a new finding.

After further research, Ragland discovered the town does not have to change its charter, just an ordinance.

The charter looks to an ordinance, amended in 2007, to decide how many board members make a quorum. Ragland said the ordinance is invalid and that her discovery was too late and could not be added to the civil complaint.

Ragland said repealing the ordinance to the North Carolina General Assembly will be more cost efficient and quicker than going through the court process. However, the town board must take action to repeal the ordinance through the general assembly.

"I wanted the opportunity to resolve this at a lower cost option for the taxpayers," Ragland said.

On March 18, the town board approved a budget amendment. The amendment moved $50,000 from the fund balance to the professional services fund to pay for professional services through the end of the fiscal year.

"To my knowledge, it was not earmarked for a specific purpose," Moore said.

Though Ragland wanted to save the town money, Moore said funds are still being spent to cover lawsuit fees.

"At the time the notice of voluntary dismissal was filed, the town was already legally obligated to pay the funds for hours expended for the preparation of subpoenaed materials, motion to dismiss, memo in support thereof, and in preparation for the preliminary injunction hearing previously scheduled for Monday, April 14, 2025," Moore said.

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What's next?

Local state representatives, including Rep. Charlie Miller and Sen. Bill Rabon, have been contacted about her concerns and the invalid ordinance, Ragland said.

"If the town does not repeal the ordinance, the general assembly will make them repeal the ordinance," she said.

If the town does not take steps to voluntarily repeal the ordinance within 60 days, Ragland said she will go to the general assembly for help and refile the action.

"I'm not backing down," she said.

Savanna Tenenoff covers Brunswick County for the StarNews. Reach her at stenenoff@gannett.com.

This article originally appeared on Wilmington StarNews: Lawsuit against Holden Beach, NC, dropped but could be refiled