Opinion
No. 55A23
10-18-2023
Joseph ASKEW; Charlie Gordon Wade III; and Curtis Washington v. CITY OF KINSTON, a Municipal Corporation
Ralph T. Bryant, Jr., Attorney at Law, Greenville, For Askew, Joseph, et al. Dan M. Hartzog, Jr., Attorney at Law, Cary, For City of Kinston. Katherine Marie Barber-Jones, Attorney at Law, Cary, For City of Kinston. Rachel G. Posey, Attorney at Law, For City of Kinston.
Ralph T. Bryant, Jr., Attorney at Law, Greenville, For Askew, Joseph, et al.
Dan M. Hartzog, Jr., Attorney at Law, Cary, For City of Kinston.
Katherine Marie Barber-Jones, Attorney at Law, Cary, For City of Kinston.
Rachel G. Posey, Attorney at Law, For City of Kinston.
ORDER
Defendant's motion to dismiss plaintiffs’ appeal is denied. This Court retains jurisdiction over this matter to address whether the Court of Appeals erred in requiring plaintiffs to exhaust administrative remedies prior to bringing direct constitutional claims under Article I, Section 19. The other issues raised in plaintiffs’ notice of appeal that include arguments neither considered nor decided by the Court of Appeals are dismissed ex mero motu.
By order of the Court in Conference, this the 18th day of October 2023.