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HARPER v. CITY OF ASHEVILLE

No. COA02-1044.

585 S.E.2d 240 (2003)

Johnnie E. HARPER, Petitioner, v. City of ASHEVILLE, Respondent.

Court of Appeals of North Carolina.

September 2, 2003.

Attorney(s) appearing for the Case

Biggers & Hunter, P.L.L.C., by John C. Hunter, Asheville, for petitioner-appellant.

Office of the City Attorney for the City of Asheville, by Assistant City Attorney II Martha Walker-McGlohon, for respondent-appellee.

GEER, Judge.

This appeal presents the question whether an individual is entitled, under § 8(f) of Chapter 303 of the 1999 N.C. Sess. Laws, to appeal to superior court a determination of the Asheville Civil Service Board ("the Board") that it lacked subject matter jurisdiction over the individual's grievance. The superior court ruled below that it had no subject matter jurisdiction and could review the Board's decision only pursuant to a writ of certiorari...

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