NC Court of Appeals Allows Deposition of Former County Manager in Brunswick Environmental Justice Case

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On April 1, 2014, the North Carolina Court of Appeals dismissed Brunswick County’s consolidated appeal of two trial court orders compelling the County to produce former County Manager Marty Lawing for deposition. This appeal is the second of two filed by the County, both of which have now been dismissed by the Court of Appeals. The first appeal involved the County's motion to dismiss the case, which the trial court denied.

The Royal Oak Concerned Citizens Association (ROCCA) noticed Mr. Lawing’s deposition over a year ago. The County refused to produce Mr. Lawing, arguing that a county manager is entitled to legislative immunity and a testimonial privilege and thus may not be deposed. The trial court compelled Mr. Lawing's deposition, and the County appealed. The Court of Appeals has now granted ROCCA’s motion to dismiss the County’s appeal, stating that the trial court’s order was interlocutory and affected no substantial right. Read the opinion (PDF).

ROCCA et al. v. Brunswick County January 9, 2014 from UNC School of Law on Vimeo.

Posted by Bethan R. Eynon on Tue. April 1, 2014 9:38 AM
Categories: Brunswick County, Environmental Justice, Fair Housing
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