NEW HANOVER COUNTY, NC (WECT) – Former New Hanover Commissioner Brian Berger has issued an appeal to new Hanover County Superior Court against his removal from office last month.
Elected leaders voted 3-2 in May in favor of removing Berger from the New Hanover County Board of Commissioners during an amotion process, the first hearing in the state in more than 100 years.
Board members cited Berger's weak attendance record, his criminal history and mental health as reasons for their decision.
In Berger's appeal, he asks for a temporary restraining order to prevent commissioners from filling the vacant seat on the board and asks to be reinstated in that position.
Berger also asks the court declare the Board of Commissioners did not have the authority to have an amotion process and also requests a permanent injunction to prevent the use of the process in the future.
The appeal was issued June 13, within the 30 day limit.