Judge issues injunction against county and hospital boards | Eastern North Carolina Now

    The judicial petition seeking a temporary injunction was granted by Superior Court Judge Walter H. Godwin Jr., a judge in Judicial District 7C, which covers Wilson and Edgecombe counties.

    Superior Court documents list as plaintiffs James Russell Boyd and Phyllis Boyd, of Bath.

    The attorneys for the plaintiffs are Mark Stewart and Timothy Burch, of Greenville.

    The defendants are listed as the county commissioners and the BRHS Board of Commissioners.

    Order Granting Temporary Injunction

This matter having come before this Court and was heard on January 10, 2011, upon plaintiffs’ motion for temporary relief; based upon the showing of plaintiffs the Court makes the following findings:

1. That the status quo is preferred in this situation until the parties have a further opportunity to advise the Court on their respective positions.
2. That irreparable harm will occur to the plaintiffs and the citizens of Beaufort County if the scheduled vote by the County Commissioners happens before further proceedings.
3. That the harm to defendants, if any, is negligible.
4. That the plaintiffs are likely to prevail on the merits based on the open meetings law and due process violations.
5. That the public interest is significant in this case and further proceedings must be had in order to insure the public interest is properly served.

Therefore it is ordered, adjudged and decreed, that the Beaufort County Commissioners are temporarily enjoined from voting on the transfer of Beaufort Regional Health Systems or Beaufort Medical Center and its facilities for 10 days or until further proceedings can be heard in this matter.

For a copy of the official injunction click here.