NC Court of Appeals Determines Mediation In Public Records Dispute Is Jurisdictional

By Fred Moreno

Just before the holidays, the N.C. Court of Appeals issued its opinion in Tillett v. Town of Kill Devil Hills (17-433). The case involved a former judge who brought suit under The North Carolina Public Records Act to compel the Town of Kill Devil Hills to produce requested documents. The appellate court ruled that the trial court lacked subject matter jurisdiction when it required the town to produce two documents in controversy. The appellate court determined that the legislative intent of the word “jurisdiction” in N.C. Gen. Stat. § 132-9(a), meant that a jurisdictional rule, rather than an ordinary procedural rule, should be applied.

Read more