Shanahan Law Group wins case for Edgecombe County retired Sheriff Deputy

RALEIGH, N.C. - The North Carolina Court of Appeals has ruled that Edgecombe County cannot enforce a resolution against retired Edgecombe County Sheriff's Deputy Jerry Wiggs, and strip him of his special separation retirement allowance, where the County did not enact that resolution until after Wiggs had retired. Wiggs retired after 30 years of service; he then sought part-time employment as a security guard at the RDU Airport Authority. When the County learned of this they enacted a resolution after the fact, and told Wiggs that the resolution would strip him of his special separation allowance if he took the Airport Authority job. Shanahan Law Group filed a lawsuit on behalf of Wiggs against the County. Superior Court Judge Quentin Sumner agreed with Officer Wiggs, ruling that the County could not retroactively apply the resolution against Wiggs when it was enacted after he had retired, and therefore, after his retirement rights had already vested. The County appealed, but the Court of Appeals agreed with Judge Sumner, ruling that it would violate the North Carolina Constitution to retroactively apply the resolution to Wiggs.

"I am pleased with the Court's decision preventing the government from unconstitutionally infringing on the retirement rights of Officer Wiggs, a man who spent his career serving the citizens of Edgecombe County," said Kieran J. Shanahan, Wiggs' attorney. "There may be other individuals throughout North Carolina who are in similar situations, and it is rewarding to know that the courts have upheld the retirement rights of our local law enforcement officers. Together, we have the ability to stand up for the rights of North Carolina citizens." Edgecombe County and its Board of Commissioners have appealed the decision to the North Carolina Supreme Court.

About Shanahan Law Group:
Shanahan Law Group was founded in 2001 when Kieran J. Shanahan, based on his 21 years of litigation experience, decided that a niche existed in the practice of law in Raleigh for a boutique law firm to handle complex business and other litigation matters. Shanahan Law Group offers business, litigation and legal analysis and service, coupled with the ability to identify and address regulatory and political issues. Shanahan Law Group's practice has evolved into representing both public and private interests in business, litigation, and political issues. The firm has over 75 years of experience in business, political and legal arenas. For more information please call (919) 856-9494 or view the firm's Web site at http://www.shanahanlawgroup.com.

http://www.carolinanewswire.com/ - 11-01-2006