Hill v. Morton

ARNOLD, Chief Judge.

Defendant argues, correctly in our view, that the superior court erred in conducting what amounted to a new trial on the propriety of plaintiffs dismissal.

This action was initiated and tried under N.C. Gen. Stat. § 126-37(b) (1990) which provides:

An action brought in superior court by an employee who is dissatisfied with an advisory decision of the State Personnel Commission or with the action taken by the local appointing authority pursuant to the decision shall be heard upon the record and not as a trial de novo. In such an action brought by a local employee under this…