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The Enterprise
Man seeks injunction over Elm City budget
By Chris Long,
2024-07-01
A resident has applied for a temporary restraining order against the town of Elm City, claiming its board broke state law in passing the 2024-25 fiscal year budget.
Gabe Merando filed a motion for relief from judgment, temporary restraining order and preliminary injunction on Friday, three days after the Board of Commissioners adopted the budget following a public hearing. Listed defendants are the town of Elm City, Mayor Tawanda Moore, Mayor Pro Tempore Tammie Atkinson and Commissioner Bridget Wimberley.
In his filing, Merando asks 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.”
Merando contends the town violated North Carolina General Statutes 159-12, 159-13 and General Statutes Chapter 143, Article 33C. 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.
Merando told the Times he’s fighting for Elm City residents who cannot fight for themselves.
“The town consists of a large majority of fixed-income individuals who cannot afford a tax increase of this magnitude,” Merando said. “They cut so much out of their day-to-day lives just to afford the absurd water bill over the past two years. They’re going to be taxed out of their homes with increases this high. Someone has to be accountable for that. Somebody needs to do the right thing.”
Merando said he’s seeking legal counsel to represent him in a hearing on his motion. It wasn’t clear Monday afternoon whether a court date had been set.
Elm City Town Attorney Slade Rand declined to comment on the filing.
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