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BD. OF ELECTIONS v. BD. OF COM'RS

No. COA10-653.

712 S.E.2d 372 (2011)

The GRAHAM COUNTY BOARD OF ELECTIONS, Plaintiff, v. GRAHAM COUNTY BOARD OF COMMISSIONERS; Steve Odom, Billy Cable, Bruce Snyder, Sandra Smith, Gene Trull, in their official capacities as Graham County Commissioners; Angela Orr, Defendants.

Court of Appeals of North Carolina.

June 7, 2011.

Attorney(s) appearing for the Case

David A. Sawyer , Bryson City, for Defendants-appellants.

McKinney and Tallant, P.A., Robbinsville, by Zeyland G. McKinney, Jr. , and Stiles, Krake & Smith, P.C., Bryson City, by Stephen S. Krake and Eric W. Stiles , for Plaintiff-appellee.

Stark Law Group, PLLC, Chapel Hill, by S.C. Kitchen , and James B. Blackburn, III , Raleigh, for North Carolina Association of County Commissioners, amicus curiae.

HUNTER, JR., ROBERT N., Judge.

The Graham County Board of Commissioners and its members (collectively, the "Board of Commissioners") appeal the issuance of a writ of mandamus requiring the Board of Commissioners to pay an employee of the Graham County Board of Elections (the "GCBOE"). The Board of Commissioners also appeals an award of attorney's fees to the GCBOE. For the following reasons, we affirm the issuance of the writ of mandamus and reverse the award of attorney...

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