County prepares for Berger appeal

by Staff
Wednesday, July 10, 2013

Attorney John Martin will represent the New Hanover County Board of Commissioners at a reduced rate against former commissioner Brian Berger’s removal appeal.

Martin, of Ward and Smith, P.A. of Greenville, N.C.,  is charging the county $295 per hour, which is $105 less than his regular hourly rate.

On July 8, in response to Berger’s appeal, the county filed a memorandum of law or a brief arguing its side of the case in 26 pages of written documentation.

The document lists the exhibits in support of the amotion and cites the 3-2 vote to remove Berger from his seat, explaining Commissioner Jonathan Barfield Jr.’s negative vote.

“Commissioner Barfield only took issue with the process of removal,” the document states.

The hearing will be held on Tuesday, July 16, at 1 p.m., at the North Carolina Business Court of Greensboro, with Special Superior Court Judge James L. Gales presiding. 


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