Berger appeal date set for July 16

by Kelly Corbett
Wednesday, June 26, 2013

On July 16, the North Carolina Business Court of Greensboro will hear former New Hanover County Commissioner Brian Bergerís case contesting his removal from the board.

Special Superior Court Judge James L. Gale, for complex business cases, will hear Bergerís complaint at 1 p.m. against the remaining four members on the New Hanover County Board of Commissioners.

The court will determine whether an amotion procedure is a proper procedure to remove a county commissioner, whether the amotion procedures followed by the board complied with due process and whether the superior court has jurisdiction or power to conduct further review of the boardís decision in the nature of an appeal or review by certiorari.

Bergerís seat is to remain vacant pending the hearing.

North Carolina general statute 153A-27 states, ďIf for any other reason the remaining members of the board do not fill a vacancy within 60 days after the day the vacancy occurs, the clerk shall immediately report the vacancy to the clerk of superior court of the county. The clerk of superior court shall, within 10 days after the day the vacancy is reported to him, fill the vacancy.Ē

That obligation has been suspended by the court, and the date extended until 60 days following the July 16 hearing.


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