HARRELL v. WHISENANT

No. 8025SC958.

281 S.E.2d 453 (1981)

Michael H. HARRELL v. R. Duke WHISENANT, individually and in his capacity as City Manager of the City of Newton; and The City of Newton.

Court of Appeals of North Carolina.

September 1, 1981.


Attorney(s) appearing for the Case

Isenhower, Long, Gaither & Wood by Samuel H. Long, III, Newton, for plaintiff-appellant.

Jesse C. Sigmon, Jr., Sigmon & Sigmon, Newton, for the City of Newton, defendant-appellee.

Charles D. Dixon, Hickory, Lewis E. Waddell, Jr., Newton, and Stephen M. Thomas, Hickory, for R. Duke Whisenant, defendant-appellee.


WHICHARD, Judge.

The essence of the claim alleged is that defendant Whisenant, as manager of defendant-city, purported to terminate plaintiff's employment as Chief of Police of defendant-city; that plaintiff is a "permanent employee" of defendant-city under the Newton City Code; and that consequently his employment cannot be terminated without affording him certain procedural and substantive rights granted to permanent employees by that Code. The trial court based...

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