From the Raleigh News and Observer (11/4/09): In a split decision issued Tuesday, the N.C. Court of Appeals ruled that a lower court acted appropriately in dismissing a lawsuit filed against former State Treasurer Richard Moore.
The State Employees Association of North Carolina sued in 2008 over a dispute about whether Moore’s office had provided public records requested by the group regarding the handling of the state retirement system.
Moore’s lawyer argued in Wake Superior Court in June 2008 that the association could not point to a specific public record that had been withheld, and Judge James E. Hardin dismissed the suit.
Appeals court judges Cheri Beasley and Wanda G. Bryant ruled that Hardin was right to dismiss the case, saying Moore had fulfilled his obligation under the state’s public records law.
Appeals Court Judge Rick Elmore dissented, writing that the employees group had shown that Moore had likely withheld records he was legally obligated to provide.
Thomas A. Harris, the chief of staff and general counsel for SEANC, said he will recommend to the group’s board that they appeal to the N.C. Supreme Court.
Moore said Tuesday: “This news, combined with the other recent news that North Carolina’s pension fund was the best performing in the country for this past fiscal year, are nice exclamation points to the end of my eight-year-tenure.”
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