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GUILFORD COUNTY BD. OF COM'RS v. TROGDON

No. COA95-499.

478 S.E.2d 643 (1996)

GUILFORD COUNTY BOARD OF COMMISSIONERS; Guilford County; James Robert McNally and Danny Lee Kelly, on behalf of themselves and taxpayers similarly situated, Plaintiffs, v. E. Wayne TROGDON; Guilford County Board of Education; and Peerless Insurance Company, Defendants.

Court of Appeals of North Carolina.

December 17, 1996.

Attorney(s) appearing for the Case

Jonathan V. Maxwell, County Attorney, and J. Edwin Pons, Deputy County Attorney, Greensboro, for plaintiff-appellees Guilford County Board of Commissioners and Guilford County.

Stern, Graham and Klepfer by Jerry R. Everhardt and Robert H. Edmunds, Jr., Greensboro, for plaintiff-appellees James Robert McNally and Danny Lee Kelly.

Roberts Stevens & Cogburn, P.A. by James W. Williams and Wyatt S. Stevens, Asheville, for defendant-appellant E. Wayne Trogdon.

Haywood, Denny, Miller, L.L.P. by George W. Miller, Jr., Durham, for defendant-appellant Peerless Insurance Company.

Tharrington Smith, by Michael Crowell, Raleigh, for defendant-appellee Guilford County Board of Education.

McGEE, Judge.

Appellants first argue the judgment of the trial court should be reversed because the parties had a valid contract, the settlement was not an unconstitutional emolument, the former Board's actions complied with the terms of the Merger Act, and the contract did not require a pre-audit certificate. However, we find the former Board exceeded its authority in extending Dr. Trogdon's contract and affirm the judgment of the trial

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