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Berger appeals removal from New Hanover County Commission

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WILMINGTON, NC (WWAY) -- As expected, New Hanover County Commissioner Brian Berger has appealed his removal from the New Hanover County Commission.

Berger filed an appeal in New Hanover County Superior Court contesting the 3-2 vote at an amotion hearing May 20 to oust him.

Berger's attorney Chris Anglin argues the process used to admit evidence into the amotion hearing, as well as Commission Chair Woody White's questioning of witnesses went against state law, and that the amotion hearing violated both the North Carolina and United States constitutions.

Anglin claims that Berger will suffer immediate and irreparable injury unless a restraining order is granted which blocks commissioners from naming a replacement and reinstates him to his seat.

Anglin also requested that the county pay for Berger's attorneys fees, court costs, and other expenditures accrued during the process.

Berger has also requested a judge block the county commission from using the amotion process again in the future.

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Wood White viscious and a thug

First, White the sleaze slimes Julie Boozeman and then he convicts Brian Berger after he was acquitted in one case and not yet tried in another. Some County officals weren't bullied by Berger- they LIED about his attendance and his travel finances-- they should be fired and removed from office. Not only were actions against him unconstitutional- he should sue White and these other political thugs for all their worth! He aint my friend but this has been corruption by some in COUNTY at its worst. we all really miss bill caster- how nice to have his equals in White, dawson and old man Wolfe- who is a disgrace.

Berger, we are all quite tired of your crap!

Do us all a favor and slither back from where you came from! You were elected on campaign lies, you claimed you were a business man yet you hid the fact that you were drawing unemployment. You have changed parties over again just to better your chance. Bottom line, you are a lunatic!
We are all now aware of the colossal mistake in you being elected but unfortunately have no means to vote you out. So most of us have called out to our elected officials to find a way to get rid of you.
So do us all the one thing you can do good for this county and that is to Disappear!

A SLIME CALLED STRAIGHT SHOOTER

IN THE INTEREST OF CLEANING UP GARBAGE, I DONT UNDERSTAND WHY YOUR HATE FILLED POSTS ARE PUT UP. WE HAVE SEEN THREE YEARS OF CRAP AND VILE FROM YOU. ARE YOU BY ANY CHANCE RELATED TO WOODY WHITE OR BILL CASTER? ANYWAY- THE PERSON YOU ATTACK MAY HAVE MENTAL HELATH ISSUES- MY DEAR SLIME BALL -SO DO YOU! IN YOUR CASE IT MAY ALSO INVOLVE INTEGRITY--HE HAD THE GUTS TO RUN AND PUT HIMSELF OUT--- YOU HIDE LIKE A PEST THAT DISGUSTS US ALL. BETTER HIM THAN THE LIKES OF YOU.
IF WE ROMOVED HIM WE SHOULD ALSO REMOVE THAT POLITICAL THUG WHITE- AS WE DID THA SELF SERVING JERK BILL CASTER.

Straight Shooter

"So most of us have called out to our elected officials to find a way to get rid of you."

The problem is that the Commission cannot remove Brian from office - only a Judge can. They have acted illegally against Berger by not allowing him to sit on the Commission until that ruling is made.
They had ever right to censure and I applaud them for doing that.
But they cannot nor should not bar him from sitting with the Commission on meetings.
Until ALL commission members are subjected to recall laws then they should have stopped at censure.
Otherwise this looks all too politically motivated

Vog

Ummm. Are you insane? (In

Ummm. Are you insane?
(In response to statements beginning with "They lied about his attendance... --> ...he should sue")

ATTA BOY BERGER!!!

Im glad to see Brian stick up for himself against this group of commissioners. It's about time a true AMERICAN like Brian Berger is standing up to this type of small group that represents The New World Order!!! Brian fight it all the way sir I support you. If need be I will drop $$ to support your fight for what's right!!!!

Berger

So Former Commissioner Berger says the hearing violated his rights under the constitutions of North Carolina and the United States causing irreparable injuries and it is for that reason he has filed his appeal.

Now with that being a given, could he be sued by the county or citizens of New Hanover County for the irreparable harm and/or damage he has done to the reputation of New Hanover County and all of Southeastern North Carolina?

Mr Berger, you have been removed in what appears to be or should be a signal to you that you are not wanted. Why would you try to force yourself into a place where you are not wanted? Move on Sir and get the help it appears you need.

Ken

To answer your question - NO an elected official cannot be sued in this state.
As for the "signal" that he's not wanted? Not wanted by whom? The people that put him there or the Commissioners themselves?
If it is the people who put him there, then let them remove him.

What this boils down to is this - an elected official is put in place by voters and unless he breaks some kind of law, then the only people who should have the power to remove him are? The Voters!
When NC smartens up and passes a recall election law we will have the means by which to remove an elected official from office.
Until such law is passed then "politics" can, and will come into play when the amotion process is attempted. I'm sorry but my right to privacy is being restricted by the NSA, and that scandal. I do not want my voting rights usurped as well.

Vog

Amen and amen!

Amen and amen!

Will this nightmare...

ever end?!

Good for Brian

I would be interested in seeing a court ruling on the amotion process.

Anyone got popcorn?

Vog

berger

what a clown needs to be in a circus some where

Get it by the ton

VOG: this will be a long running epic.

His actions may well have merited removal from office.

But, the Council did not have the authority to remove him under the amotion process.

They must be smoking something.

They present their case. He presents his. Then it goes to a Superior Court Judge for a ruling. They did not have the authority to remove him.

They laid out their case. They can not add to it.

Now he and his attorney can take their time, within reason, and counter every claim made by Woody and his band.

There's a reason they are still paying him. There's a reason they have to continue his health insurance and other per diems such as car allowance.

If he had one, I would suggest Woody stepped on the green weinie.

A TON of popcorn?

You know how much space that would take up?

Anyway - I agree the Commission did NOT have the authority to remove him. As far as I know he should still be allowed to sit with the Commission and partake in his job functions but he has been censured so his voting rights as a Commissioner are moot. This is the ONLY legal redress the Commission has.

As for his pay/benny's - yes, I agree there must be some doubt as far as the legality goes, otherwise they would/should have stopped everything.
I think Berger "wins". If it drags on into the next election season (just about 6 months away before people start campaigning) and it besmirches White, then Brian has "won". If he wins in court - Brian wins as well.
I suspect that the odds favor Brian at this point

Vog

Circus

Woody IS the "green weinie"