Beaufort County Government Prevails in Open Meetings Lawsuit | Eastern North Carolina Now

    Press Release:

The Beaufort County Board of Commissioners makes the following for immediate release to the press.

    As a result of a hearing in the Superior Court of Beaufort County on November 26, 2018, the court (Jeffery B. Foster, Judge presiding) denied the motion of the Plaintiffs (William Ray Leary, Donna Lay and Gerald Seighman) to compel the Commissioners to provide further answers in discovery and the court further granted summary judgment in the Commissioners' favor and denied the Plaintiffs' motion for summary judgment.

    The Plaintiffs complained of the Commissioners' actions relative to five meetings held in 2015 and 2016. Reviewing these in detail, the court determined there were no violations of the Open Meetings Act and the Commissioners properly preserved the attorney-client privilege recognized by North Carolina law.

    The court stated in its order that it was "unconvinced that injunctive relief [was] warranted, as Plaintiffs have not shown that any violation...is recurring or continuing" or threatened since those complained of were from 2015 and 2016. "This Court ORDERS that Defendants' Motion for Summary Judgment be and hereby is Granted; that Plaintiffs' Motion for Summary Judgment is DENIED; that Defendants are the prevailing party." The Plaintiffs failed to give notice of appeal within the time allowed to do so.

    D. Martin Warf of Nelson Mullins Riley & Scarborough LLP and David C. Francisco, Beaufort County Attorney, represented the Defendant Commissioners.

    Contact: 2019 Beaufort County Government NC

      Beaufort County Government NC
      121 West 3rd Street
      Washington, NC 27889