MINTON v. TOWN OF AHOSKIE

No. 746SC300.

205 S.E.2d 626 (1974)

21 N.C. App. 716

J. C. MINTON v. TOWN OF AHOSKIE, a municipal corporation.

Court of Appeals of North Carolina.

June 5, 1974.


Attorney(s) appearing for the Case

Revelle, Burleson & Lee, by L. Frank Burleson, Jr., Murfreeskoro, for petitioner appellee.

L. Bennett Gram, Jr., Ahoskie, for respondent appellant.


BRITT, Judge.

On the facts presented in this case, was it mandatory for defendant to pay plaintiff for accumulated sick leave, or was such payment within the discretion of defendant's council? We hold that payment was discretionary with the council and the trial court erred in its conclusions of law and adjudication.

The answer to the question depends on the construction of the word "may" in section 4(b) of the ordinance set forth above, and the effect of...

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