City of Burlington v. Boney Publishers, Inc.

BRYANT, Judge.

Boney Publishers, Inc. d/b/a The Alamance News (defendant) appeals an order filed 20 November 2002 denying defendant’s motion for partial summary judgment and declaring that the City of Burlington (plaintiff) was not constitutionally or statutorily barred from bringing a declaratory judgment action to determine whether the City was in compliance with North Carolina’s open meetings and public records laws.

On 15 July 2002, the Burlington City Council (Council) met for a work session. A motion was made pursuant to N.C. Gen. Stat. § 143-3-18.11 (a) and approved to hold a closed…