North Carolina Department of Transportation v. Davenport

PARKER, Justice.

The issue presented by this case is whether respondent Davenport could petition the superior court for a show cause order against petitioner the North Carolina Department of Transportation (“DOT”), an administrative agency of the State, for contempt pursuant to N.C.G.S. § 5A-ll(a)(3) or § 5A-21. For reasons which follow we conclude no action for contempt will lie against petitioner.

This case arose from the dismissal of respondent Davenport from employment by petitioner. Respondent was employed from 5 August 1967 to 27 March 1987, when he was suspended. He was dismissed on 3…