Judge wants more information on commissioner's removal

Jul. 24, 2013 @ 08:11 PM

WILMINGTON — A state judge wants more information in the case of a New Hanover County commissioner removed by his fellow commissioners.

The StarNews of Wilmington reports (http://bit.ly/15IqGGO ) that Special Superior Court Judge James Gale issued an order Monday after hearing an appeal by Brian Berger last week.

The judge wants attorneys to file papers on whether the board could be impartial in the case and whether there was an adequate factual basis to remove Berger.

The commissioners used something called an amotion proceeding to remove him in May by a 3-2 vote. It had been nearly a century since a North Carolina official had been removed that way. The commissioners said Berger showed erratic behavior and threatened county workers.

The attorneys have until Aug. 19 to file their papers.