Davis v. North Carolina Department of Transportation

MORRIS, Chief Judge.

Petitioner assigns as error the trial court’s denial of his petition for temporary injunction and its remand of the action to the State Personnel Commission. He asserts that the court erred in concluding that there was no final agency decision within the meaning of G.S. 150A-43, therefore rendering the appeal premature and leaving the trial court without jurisdiction in the matter. It is well established that, as a prerequisite to judicial action, a party must generally exhaust available administrative remedies. King v. Baldwin, 276 N.C. 316, 172 S.E. 2d 12 (1970);…