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Askew v. City of Kinston

Supreme Court of North Carolina.
Oct 18, 2023
385 N.C. 379 (N.C. 2023)

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.


Summaries of

Askew v. City of Kinston

Supreme Court of North Carolina.
Oct 18, 2023
385 N.C. 379 (N.C. 2023)
Case details for

Askew v. City of Kinston

Case Details

Full title:Joseph ASKEW; Charlie Gordon Wade III; and Curtis Washington v. CITY OF…

Court:Supreme Court of North Carolina.

Date published: Oct 18, 2023

Citations

385 N.C. 379 (N.C. 2023)
892 S.E.2d 599