Judge denies restraining order against Elm City

Superior Court Judge L. Lamont Wiggins denied Elm City resident Gabe Merando’s motion for a a temporary restraining order against the town of Elm City on Tuesday.

Merando sought an order and injunction against the town, Mayor Tawanda Moore, Mayor Pro Tem Tammie Atkinson and Commissioner Bridget Wimberley, claiming the town’s Board of Commissioners broke state law in passing the fiscal year 2024-25 budget on June 25.

Atkinson and Wimberley voted to approve Elm City’s $1,056,071 spending plan, which was adopted 2-1 with Commissioner Gil Wheeler opposed. Commissioners Tim Bridgers and Zachary Mercer didn’t attend the June 25 meeting, which included a public hearing on the budget.

In his filing, Merando asked a District Court judge to “void all actions taken at the public hearing held June 25, 2024, by the town of Elm City, including but not limited to the adoption of the 2024-25 Elm City town budget.”

Wiggins’ ruling says the plaintiff “has not met the high burden necessary for the court to take the extraordinary measures sought by the motion prior to a decision on the merits in this case.”

A hearing “on status of counsel for plaintiff and any further pleadings for injunctive relief” will be held at 10 a.m. July 15 in the Wilson County Courthouse’s third-floor courtroom.

Merando contends the town violated N.C. General Statutes 159-12 and 159-13 along with Chapter 143, Article 33C, a section of state law that deals with meetings of public bodies.

His motion claims the board was “publicly informed of the violations of statutes at the beginning of the public hearing” and that the “board continued the action without addressing stated violations.”

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