Legal Opinion

Myers v. Town of Plymouth

Court of Appeals of North Carolina

Decided December 7, 1999No. COA99-79PublishedCited by 11 opinions

1Opinion of the Court

WYNN, Judge.

Under N.C. Gen. Stat. § 160A-147 (1998 Cum. Supp.), municipalities may only hire their town managers in an “at will” capacity. In this case, a fired town manager contends that a provision for severance pay under his employment contract did not negate the “at will” nature of his employment. Since we find an agreement providing severance pay to a town manager does not prohibit the town from terminating the town manager “at will,” we conclude that the severance pay provision is valid and enforceable.

N.C. Gen. Stat. § 159-28(a) (1994) requires that a town pre-audit any financial…

2Cases cited8 opinions

  1. Jenkins v. MedfordCourt of Appeals for the Fourth Circuit · 1997
  2. City of Raleigh v. FisherSupreme Court of North Carolina · 1950
  3. Bowers v. City of High PointSupreme Court of North Carolina · 1994
  4. Leete v. County of WarrenSupreme Court of North Carolina · 1995
  5. Jenkins v. City of HendersonSupreme Court of North Carolina · 1938

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Mike Allmand v. Jon PavleticTennessee Supreme Court · 2009
  2. M Series Rebuild, LLC v. Town of Mount PleasantCourt of Appeals of North Carolina · 2012
  3. Brett Davis v. City of GreensboroCourt of Appeals for the Fourth Circuit · 2014
  4. Elliott v. Enka-Candler Fire & Rescue Department, Inc.Court of Appeals of North Carolina · 2011
  5. Yarber v. Capital BankDistrict Court, E.D. North Carolina · 2013

6 more not listed; retrieve them via the Exa API.

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