24 Comments for this article

Tags: , , , , ,

WILMINGTON, NC (WWAY) — We finally have a ruling on Brian Berger’s legal battle with New Hanover County.

N.C. Special Superior Court Judge James Gale has restored Berger to the New Hanover County Board of Commissioners.

“This is a gigantic victory both for Brian and myself as his attorneys and also for his supporters,” said Berger’s attorney Chris Anglin. “It shows that elected public officials in North Carolina because it shows the only people who have the authority to remove him are the voters who put him in office.”

Berger was removed from the county board May 20 following an amotion hearing. He filed an appeal of the decision with the New Hanover County Superior Court in mid-June.

Judge James Gale stated in his analysis that the court cannot conclude that the Board’s Order of Removal was made by an impartial fact finder based on evidence presented because that Order includes findings of fact based solely on the personal experiences of the fact finders, including interactions with unnamed staff.

The Board’s Order of Removal must then be set aside without prejudice to the Board’s ability to convene a further hearing and to take appropriate interim steps as necessary to provide for the conduct of the government’s business or for safety and security.

Plaintiff is then restored to his elected office pending further proper action taken to remove him; and in the event further proper action is taken to remove him, such removal need not be delayed solely to await the appointment and qualification of his successor.

“They can appeal this case to the North Carolina Court of Appeals,” said Anglin. “They can also accept Judge Gale’s ruling and have another Amotion proceeding which that’s not the outcome we want. We hope that they choose to not have another Amotion proceeding.”

Anglin and Berger aren’t the alone in their hope that the Board of Commissioners choose to accept Judge Gale’s ruling.

“I think that we should leave it alone and move on and cut the waste of spending that we have already done with the taxpayer dollars,” said commissioner Jonathan Barfield. “What I would like to see is that our local delegation would have done a recall bill to allow our citizens to recall Berger as opposed to putting that much power in 4 people’s hands.”

Comment on this Story

Leave a Reply

24 Comments on "FIRST ON 3: Judge restores Brian Berger to New Hanover County Board of Commissioners"

Notify of

Sort by:   newest | oldest | most voted
2016 years 1 day ago

There has been more than one accusation levied against Berger that were proven to be false. So, his conspiracy mindset is not off-base.

I think that most people consider Berger to be ineffective at his job, but they believe that it should be up to the voters to remove him from office and not members of the same board on which he serves. Woody White is abusing his power and that is more egregious than being late or losing focus. We don’t want White and the others to handpick their own posse in order to push their agenda. We want and… Read more »

2016 years 1 day ago

If Brian Berger’s disrespect for rules of order of the office he holds is some people’s idea of how elected officials should act, then I have to ask how they think the people’s business is supposed to be accomplished? Mr. Berger continually acts in an obtrusive manner,not only by his lateness and inability to focus at meetings, but in his constant casting of aspersions that he is being conspired against by his fellow commissioners. Mr. Berger’s actions are not commensurate with the proper demeanor of an elected official, either publicly or in his private life. How people can have any… Read more »

2016 years 1 day ago

Remove white Dawson and their old puppet. Their kangaroo court was a sham They lied- but if they go forward let’s ask McCrory and the federal authorities to investigate them along with Copley and Coudert. They have tried to manipulate employees and documents. They are,orallyreprehe bile- woody white all the,oralit of an anthonyweoner

2016 years 1 day ago

White has abused his office. White has abused the citizens of NHC. White’s sleazeball tactics against Bozeman and now Berger are a disgrace. He has crossed lines of decency and even as republicans we say enough. He continues this vendetta to enhance his interests while undercutting ours and WE will file complaints against White, Coudert, and Copley. They believe they have plausible deniability. We disagree- we will ask federal and state authorites to examine their conduct which we believe crossed ethical and legal lines. Let the feds and state -not the locals decide if this has gone over… Read more »

2016 years 1 day ago


Brian: 1
Woodrow: 0

Related News