NEW HANOVER COUNTY, NC (WECT) – Former New Hanover County Commissioner Brian Berger is expected in court July 16 for an appeal hearing.
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.
Berger issued a formal appeal asking the court to 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 hearing will be held July 16 at 1:00 p.m. at the NC Business Court in Greensboro.
Superior Court Judge James Gale has declared that Berger's seat on the board must remain vacant pending the hearing and the NHC Clerk of Superior Court will not take any action to fill the seat.
Gale will determine during the hearing if an amotion process can be used to remove an elected county commissioner and if the NHC Commissioners complied with the due process of Brian Berger.
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