STATE OF NORTH CAROLINA,
IIN THE GENERAL COURT OF JUSTICE
COUNTY OF GASTON
") SUPERIOR COURT DIVISION
CASE NO: 20 CVS 3996,
tt wR-§ A B20
NAACP (NATIONAL ASSOCIATION FOR:
‘THE ADVANCEMENT OF COLORED PEOPLE)
GASTON COUNTY BRANCH; NABVETS (NATIONAL
ASSOCIATION FOR BLACK VETERANS, INC) GASTON
COUNTY CHAPTER; ETA MU LAMBDA CHAPTER OF
ALPHA PHI ALPHA FRATERNITY;, INC; KAREN BUNGLE;
GRACE MOORE; AND JOSE TROCHE:
Plaintifs
Vs. ORDER
GASTON COUNTY; GASTON COUNTY
BOARD OF COMMISSIONERS; AND
COMMISSIONERS TRACY PHILBECK,
TOM KEIGHER, CHAD BROWN, JACK BROWN,
ALLEN FRALEY, BOB HOVIS and RONNIE
WORLEY in their official vapacities
Defendants
i
‘THIS CAUSE, coming on to be heard and being heard upon the Defendants’ Motion to
Dismiss pursuant to Rules 12(0\(1), 12b)@), 120D46) and 12 (bX?) and the Court naving
Considered the briefs (and only considered the attachments in connection with the Rule 12(0K1)
issue) and the arguments of counsel and now hereby Orders that said Motion to Dismiss be
DENIED. The Motion to Transfer is rendered moot and therefore DENIED. The Gaston Gounty
Board of Commissioners and the individual defendants’ Motion to Dismiss is also DENIED,
IT IS NOW, THEREFORE, ADJUDGED, ORDERED AND DECREED that the Defendants
‘Motion to Dismiss or alternative Transfer be and the same is hereby DENIED along withthe,
Gaston County Board of Commissioners and the individual defendants’ Motion to Dismiss
also DENIED.
This tho 31st day of March 2022
Sh. he
‘Tie Honorable Stove Warren
‘Superior Court Judge Presiding