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KNIGHT v. HIGGS

No. COA07-322.

659 S.E.2d 742 (2008)

Andre D. KNIGHT, Plaintiff/Appellant v. Roosevelt HIGGS, Gladys Shelton, In her Individual Capacity and Official Capacity as a Member/Chairperson of the Board of Elections, Betty Lewis, In her Individual Capacity and her Official Capacity as a Member of the Edgecombe County Board of Elections, Samuel Branch, In his Individual Capacity and Official Capacity as a Member of the Edgecombe County Board of Elections, and the Edgecombe County Board Of Elections as a quasi-judicial body politic, Defendant/Appellees.

Court of Appeals of North Carolina.

April 15, 2008.

Attorney(s) appearing for the Case

Tharrington Smith, L.L.P., by Michael Crowell, Raleigh, and Lawrence Best & Associates, by Antonia Lawrence, Rocky Mount, for plaintiff-appellant.

No brief(s) filed for defendant-appellees.

STEELMAN, Judge.

The failure of the defendant Board of Elections to consider a recusal motion alleging partiality of a board member, supported by the affidavits of three persons, creates a question as to the propriety of the Board's decision. The Board violated the Open Meetings Law by this failure and also by twice going into closed sessions without a motion or stating the purpose for the closed session. The resulting decision must be vacated and appellant is entitled...

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