The North Carolina Court of Appeals reversed the trial court’s decision and remanded the case for further proceedings on the plaintiff’s claims, including those related to the email exchanges.

February 11, 2024

In the case of N.C. Citizens for Transparent Government, Inc. and Kevin Drum v. The Village of Pinehurst, the plaintiffs appealed the dismissal of their claims regarding violations of the Open Meetings Law and sought relief under the Uniform Declaratory Judgment Act. The plaintiffs alleged that the North Carolina Village Council’s actions violated the Open Meetings Law during various meetings and email exchanges.

One of the key issues in the case revolved around email exchanges between members of the Village Council from October 8, 2021, to October 26, 2021. These emails discussed potential censures against Plaintiff Drum and another Village Council member. The plaintiffs argued that these email exchanges violated the Open Meetings Law due to lack of notice, access, and minutes and that they were part of a continuing pattern of violations by the Village Council.

Furthermore, the case in Pinehurst, NC, closely mirrors a similar incident involving the Currituck, NC, commissioners. In Currituck, commissioners held a secret meeting conducted over two days but with a quorum present for just several hours. Like in Pinehurst, the Currituck secret meeting involved discussions to remove a sitting commissioner from office, censure, and strip committee assignments.

The Court of Appeals reviewed the trial court’s decision to dismiss the claims based on the 45-day statute of limitations period in N.C.G.S. § 143-318.16A. The plaintiffs argued that the limitations period should not apply to all forms of relief sought in their complaint, including the claims related to the email exchanges.

The court determined that the 45-day statute of limitations only applies to claims seeking nullification of actions under the Open Meetings Law, not to other forms of relief such as declaratory judgment or injunctive relief. Therefore, the court reversed the trial court’s decision and remanded the case for further proceedings on the plaintiffs’ claims, including those related to the email exchanges.

Additionally, BlackwaterReports, an investigative news outlet, has reached out to the plaintiffs involved in the Pinehurst action. BlackwaterReports is in discussions to file a nearly identical complaint in Currituck’s courts, highlighting the striking similarities between the two cases. This development underscores the broader implications of the issues raised in these legal proceedings and suggests a growing concern about transparency and accountability in local government bodies across North Carolina.