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MATTER OF MITCHELL

No. 8726SC238.

364 S.E.2d 177 (1988)

In the Matter of Officer J.L. MITCHELL.

Court of Appeals of North Carolina.

February 2, 1988.

Attorney(s) appearing for the Case

Haywood, Menser & Yurko by Lyle J. Yurko, and Merryman, Dickinson, Ledford & Rawls by Eben T. Rawls, III, Charlotte, for petitioner-appellee.

Sr. Asst. City Attorney F. Douglas Canty, Charlotte, for respondent-appellant City of Charlotte Civil Service Bd.

PHILLIPS, Judge.

The punishment imposed on Officer Mitchell by the City of Charlotte Civil Service Board is invalid on the grounds of res judicata because it was imposed for the same offense that the Charlotte police department, through its Chain of Command Review Board, punished him for earlier. In our jurisprudence it is axiomatic that no one ought to be twice vexed for the same cause. Comment, Res Judicata in Administrative Law, 49 Yale L.J. 1250...

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