ONLINE UPDATE: Commissioners reject continuance request for amotion hearing

by Kelly Corbett
Friday, May 17, 2013

The New Hanover County Board of Commissioners came to a consensus not to grant a continuance to Commissioner Brian Berger for the Monday, May 20 amotion hearing.

Following the majority of the board’s decision to reject the continuance request, Berger filed a temporary restraining order on Thursday, May 16, in New Hanover County Superior Court.

Berger recently retained Christopher Anglin of The Anglin Law Firm, PLLC, to represent him during the amotion hearing.

Chairman Woody White announced the recent developments during the end of the Thursday, May 16 agenda briefing. Berger nor Anglin were present at the meeting.

“It was conveyed to his attorney that if he had taken steps to obey our concerns for security and safety, such as seeking mental health, if he were under the care of a doctor or some expert who could show us, that would mitigate our legitimate concerns for the safety of ourselves and our staff, we might would agree to a continuance for a certain amount of time,” White said. “We have not had any of that evidence presented to us. The sole purpose of the motion to continue was because his attorney had not had time to prepare, and therefore it was the consensus of the majority of the board not to grant a continuance. Subsequently, he filed a motion for a temporary restraining order today that has not been heard yet. We will see what, if any, action a superior court takes. But, for now, our hearing at the special meeting 1 o’clock Monday remains on the schedule.”

Commissioner Jonathan Barfield Jr. asked what a judge would do in a similar situation.

White said many times continuances are granted.

County attorney Wanda Copley said a hearing for the temporary restraining order must be held within 10 days.


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