Vincoli v. State

CALABRIA, Judge.

*269Defendant State of North Carolina ("the State") appeals from an order denying its motion for summary judgment and granting Plaintiff *270Joseph Vincoli's ("Vincoli") motion for summary judgment in a declaratory judgment action initiated by Vincoli. In its order, the trial court declared that the enactment of N.C. Gen. Stat. § 126-34.02, a provision of the North Carolina Human Resources Act ("NCHRA"),1 was unconstitutional as applied to Vincoli because it did not provide him the right to a contested case hearing before the Office of Administrative Hearings ("OAH") to challenge the…