Harper v. City of Asheville

GEER, Judge.

This appeal presents the question whether an individual is entitled, under § 8(f) of Chapter 303 of the 1999 N.C. Sess. Laws, to appeal to superior court a determination of the Asheville Civil Service Board (“the Board”) that it lacked subject matter jurisdiction over the individual’s grievance. The superior court ruled below that it had no subject matter jurisdiction and could review the Board’s decision only pursuant to a writ of certiorari. We hold that, under the pertinent session law, petitioner Johnnie Harper was entitled to de novo review of the Board’s decision by the…