Kelly v. N.C. Department of Environment & Natural Resources

MARTIN, Chief Judge.

Respondent North Carolina Department of Environment and Natural Resources (“NCDENR”) appeals from orders of the Wake County Superior Court concluding that petitioners Michael Kelly and Steven Wayne Mobley had received employment discipline without just cause and awarding them back pay, interest on back pay, and partial attorney fees and costs. Petitioners also appeal from the order awarding attorney fees and costs.

During the period of time relevant to the facts of this case, petitioners were employees of NCDENR in the Division of Environmental Health (“DEH”). Michael Kelly…