Judge reinstates New Hanover County commissioner

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by The Associated Press

WCNC.com

Posted on September 6, 2013 at 9:20 AM

WILMINGTON, N.C. (AP) -- A North Carolina judge has reinstated a New Hanover County commissioner who was removed from office earlier this year. 

Superior Court Judge James Gale ruled Thursday that Brian Berger should be allowed to resume his place on the commission. 

His fellow commissioners used something called an amotion proceeding to remove Berger in May by a 3-2 vote. It had been nearly a century since a North Carolina official was removed that way. The commissioners said Berger showed erratic behavior and threatened county workers. 

The judge ruled the commissioners based their decision in part on personal experiences that were not properly entered as evidence. 

The judge did affirm the way the county held the proceeding, clearing the way to possibly remove Berger with during another hearing.
 

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