Court case against town of Elm City continued

Superior Court Judge L. Lamont Wiggins continued Elm City resident Gabe Merando’s case against the town of Elm City, Mayor Tawanda Moore, Mayor Pro Tem Tammie Atkinson and Commissioner Bridget Wimberley on Monday morning.

Merando filed a motion for relief from judgment, temporary restraining order and preliminary injunction on June 28, claiming the board broke state law in passing the 2024-25 fiscal year budget.

In his filing, Merando asks 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 denied Elm City Merando’s motion for a temporary restraining order against the town of Elm City on July 2.

On Monday, Wiggins said because the case is still in the service and response phase, the case could not be heard. Wiggins said Moore, Atkinson and Wimberley were served on July 8, but the town has not been served.

“Just to be clear, there will be no hearing on merits at this time,” Wiggins said. “Today does not impact your ability to be heard.”

Both parties agreed to continue off calendar pending further notice.

Merando contends the town violated North Carolina General Statutes 159-12, 159-13 and General Statutes Chapter 143, Article 33C, a section of state law that deals with meetings of public bodies. He claims the board was “publicly informed of the violations of statutes at the beginning of the public hearing” and the “board continued the action without addressing stated violations,” according to his motion.

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