On Dec. 21, the North Carolina Supreme Court, in a 5-2 decision, dismissed the appeal of Attorney General (soon to be Gov.) Mike Easley regarding the court-awarded 8 percent attorney fee in the Bailey/Emory/Patton government retirees’ lawsuit.

Justice Orr wrote the majority opinion. The minority opinion written by Chief Justice Frye and joined by Justice Freeman, both of whom lost in the recent election, although disagreeing with the majority on the issue of “standing” by the AG to bring the appeal, expressed that the fee awarded by Judge Thompson was not excessive. Easley claims the basis of his appeal was to protect taxpayers; however, the money involved belonged to the plaintiffs, not the state’s taxpayers.

This decision clears the way for the court (Judge Thompson) to finalize directions preliminary to the issuance of the final refund. Actions by the court and the necessary waiting periods will take until mid-February. Eligible retirees can expect to receive their next (final) check before April. The next court hearing, before Judge Thompson, is scheduled for Jan. 19 at 10 a.m. in the Wake County Courthouse.

This appeal by Easley, the fifth in this lawsuit, all of which he has lost, delayed final refund payments to government retirees until year 2001. He qualifies as an authentic Christmas Grinch!

Manila G. Shaver

Major General (Retired) USA

Seven Lakes