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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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