BOWERS v. CITY OF HIGH POINT

No. 9218SC732.

431 S.E.2d 219 (1993)

110 N.C. App. 862

James A. BOWERS, Jr., James A. Branson, Benjamin Brockman, Vaughn W. Crabb, Billy R. Gant, Henry L. Jones, Lyman F. Lance, Jr., Larry R. Pendry, Billy W. Rich, Jerry T. Rich, Lindsay P. Royal, David F. Thompson, Paul D. Wood, Jr., and Morris J. Yandle, Plaintiffs, v. CITY OF HIGH POINT, Defendant.

Court of Appeals of North Carolina.

July 6, 1993.


Attorney(s) appearing for the Case

Byerly & Byerly, by W.B. Byerly, Jr., High Point, for plaintiffs-appellees.

Fred P. Baggett, High Point City Atty., High Point, and Womble Carlyle Sandridge & Rice, by Roddey M. Ligon, Jr., Winston-Salem, for defendant-appellant.


WELLS, Judge.

The sole question before us is whether the trial court erred in granting plaintiffs' summary judgment motion and in denying defendant's summary judgment motion. Defendant City argues that because G.S. § 143-166.41 specifically states that the "special separation allowance" is to be calculated using the "base rate of compensation," the City had no authority to provide plaintiffs with an allowance which, the City contends, exceeded the statutory ...

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