N.C. DEPT. OF TRANSP. v. DAVENPORT

No. 3A93.

432 S.E.2d 303 (1993)

334 N.C. 428

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, v. Ronald E. DAVENPORT.

Supreme Court of North Carolina.

July 30, 1993.


Attorney(s) appearing for the Case

Attorney Gen. Michael F. Easley by Asst. Atty. Gen. Patsy Smith Morgan, Raleigh, for petitioner-appellee North Carolina Dept. of Transp.

Crisp, Davis, Page, Currin & Nichols by M. Jackson Nichols, Raleigh, for respondent-appellant.


PARKER, Justice.

The issue presented by this case is whether respondent Davenport could petition the superior court for a show cause order against petitioner the North Carolina Department of Transportation ("DOT"), an administrative agency of the State, for contempt pursuant to N.C.G.S. § 5A-11(a)(3) or § 5A-21. For reasons which follow we conclude no action for contempt will lie against petitioner.

This case arose from the dismissal of respondent...

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