Legal Opinion · Concurring in part, dissenting in part

Wind v. City of Gastonia

Court of Appeals of North Carolina

Decided March 19, 2013No. COA12-421Published

1Concurring in part, dissenting in partDillon, Judge

I concur with the majority’s holding that, although interlocutory, the trial court’s summary judgment order is immediately appealable as the order affects a substantial right. I also concur with the majority’s holding that the information sought by Plaintiff falls within the scope of N.C. Gen. Stat. § 160A-168(a) (2011), as part of Plaintiff’s employee personnel file. However, I respectfully dissent from the portion of the majority opinion defining “official personnel decision” and affirming the trial court’s order, because I believe, based on the facts of this case and the issues properly…

2Cases cited10 opinions

  1. Burgess v. Your House of Raleigh, Inc.Supreme Court of North Carolina · 1990
  2. News and Observer Publishing Co. v. PooleSupreme Court of North Carolina · 1992
  3. In Re Grand Jury, John Doe No. g.j.2005-2. United States of America v. Under SealCourt of Appeals for the Fourth Circuit · 2007
  4. Zimmerman v. Appalachian State UniversityCourt of Appeals of North Carolina · 2002
  5. Bulloch v. North Carolina Department of Crime Control & Public SafetyCourt of Appeals of North Carolina · 2012

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