Legal Opinion

In re Complaints Against Officials of Kill Devil Hills Police Department

Court of Appeals of North Carolina

Decided October 16, 2012No. COA12-398PublishedCited by 2 opinions

1Opinion of the Court

STEELMAN, Judge.

*114The trial court lacked jurisdiction to usurp the personnel policies of the Town of Kill Devil Hills. The order entered by the trial court was not within the scope of its inherent authority. The entry of the order without notice or hearing was a violation of due process. The entry of the order was beyond the scope of the trial court’s mandamus authority.

I. Factual and Procedural History

The factual background in this case is derived from petitioner’s Amended Petition for Writ of Supersedeas, dated 23 January 2012.

The son of the Honorable Jerry R. Tillett, Senior Resident…

2Cases cited5 opinions

  1. Matter of Alamance County Ct. FacilitiesSupreme Court of North Carolina · 1991
  2. Hamlet Hospital v. Joint Committee on StandardizationSupreme Court of North Carolina · 1952
  3. Harper v. City of AshevilleCourt of Appeals of North Carolina · 2003
  4. Ales v. T. A. Loving Co.Court of Appeals of North Carolina · 2004
  5. Matter of Transportation of JuvenilesCourt of Appeals of North Carolina · 1991

3Cited by2 opinions

  1. In re the Appeal of Becky King Properties, LLCCourt of Appeals of North Carolina · 2014
  2. Wind v. City of GastoniaCourt of Appeals of North Carolina · 2013

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