Tillett v. Town of Kill Devil HillsÂ
809 S.E.2d 145
N.C. Ct. App.2017Background
- Judge Jerry Tillett requested public records from the Town of Kill Devil Hills; the Town produced some records but withheld others, prompting Tillett to sue under North Carolina's Public Records Act to compel disclosure.
- The trial court conducted an in camera review of the disputed documents and ordered production of two documents to Judge Tillett, but kept them under seal.
- The Public Records Act requires that a plaintiff seeking judicial relief must comply with N.C. Gen. Stat. § 7A-38.3E, which mandates initiating mediation no later than 30 days after the filing of responsive pleadings.
- Tillett did not initiate the required mediation within 30 days after the Town filed its responsive pleading; he conceded this failure on appeal.
- Both parties appealed the trial court’s order; the principal issue on appeal was whether the trial court had subject matter jurisdiction given Tillett’s failure to comply with the mediation requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had subject matter jurisdiction to decide the Public Records Act dispute when plaintiff did not initiate mediation within 30 days as required by G.S. 7A-38.3E(b) | Tillett did not dispute the facts but implicitly argued the court could proceed despite the mediation omission | Town argued the mediation requirement is jurisdictional under G.S. 132-9(a) and failure to comply deprives the court of jurisdiction | Court held the mediation requirement is jurisdictional; because Tillett failed to initiate mediation within 30 days, the trial court lacked subject matter jurisdiction and its order was vacated |
Key Cases Cited
- Dolan v. United States, 560 U.S. 605 (distinguishes jurisdictional rules from procedural rules)
- Henderson v. Shinseki, 562 U.S. 428 (legislature may prescribe claim-processing rules as jurisdictional)
- In re T.R.P., 360 N.C. 588 (jurisdictional requirements cannot be waived)
- Wood v. Guilford County, 355 N.C. 161 (subject matter jurisdiction may be raised at any time)
- State ex rel. Hanson v. Yandle, 235 N.C. 532 (actions taken without jurisdiction are nullities)
- Bullington v. Angel, 220 N.C. 18 (legislature establishes courts’ jurisdiction)
- McKoy v. McKoy, 202 N.C. App. 509 (standard of review for subject matter jurisdiction is de novo)