WIGGS v. EDGECOMBE COUNTY

No. 466A06.

643 S.E.2d 904 (2007)

Jerry A. WIGGS v. EDGECOMBE COUNTY and Edgecombe County Board of Commissioners, in their official capacity.

Supreme Court of North Carolina.

May 4, 2007.


Attorney(s) appearing for the Case

Shanahan Law Group, by Kieran J. Shanahan and Steven K. McCallister, Raleigh, for plaintiff-appellee.

Womble Carlyle Sandridge & Rice, PLLC, by Alison R. Bost, Winston-Salem, for defendant-appellants.


BRADY, Justice.

In this case we determine whether a local law enforcement officer who, after three decades of public service, enters into retirement and receives a special separation allowance pursuant to N.C.G.S. § 143-166.42 is entitled to continued receipt of that allowance regardless of a subsequent ordinance passed by the local governing authority purporting to retroactively amend the terms and conditions of the allowance. We conclude that plaintiff is entitled...

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