NORTH CAROLINA. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION MOORE COUNTY, 22. CVS 515 NC CITIZENS FOR TRANSPARENT GOVERNMENT, INC. and KEVIN DRUM, Plaintiffs, v. MOTION TO DISMISS ‘THE VILLAGE OF PINEHURST, JOHN STRICKLAND in his official capacity as Mayor of the Village of Pinehurst; and JANE HOGEMAN in her official capacity as a member of the Village of Pinehurst Council, Defendants. COME NOW Defendants, by and through their undersigned counsel, and hereby move to dismiss Plaintiff's claims against them pursuant to Rules 12(b)(6) of the North Carolina Rules of Civil Procedure, for the following reasons: 1) Plaintiffs’ Complaint fails to state a claim upon which relief can be granted, 2) The electronic communications referred to in Plaintiffs’ Complaint do not constitute an “official meeting” as defined by N.C. Gen. Stat. § 143-318.9, as they are not simultaneous communications. 3) Plaintiff Drum participated in the September 20, 2021 closed session which he now challenges as improper, and his claims regarding that meeting are therefore barred by the doctrines of unclean hands and equitable estoppel. 4) Because Plaintiff Drum participated in the September 20, 2021 closed session, his request for an Order declaring that this meeting violated Open Meetings Law would necessitate a finding that both Plaintiff Drum and Defendants acted in violation of the Open Meetings Law,and therefore this matter does not constitute an actual case or controversy and is instead an improper request for an advisory opinion. 5) Plaintiffs’ claims for relief are barred by the relevant statute of limitations of 45 days, as set forth in N.C. Gen, Stat, § 143-318.16A. WHEREFORE, Defendants respectfully request that the Court enter an Order dismissing Plaintiffs’ claims against them with prejudice. Respectfully submitted this the 8th day of July, 2022. HARTZOG LAW GROUP LLP BY: den m oil Dan M. Hartzo g N.C. State Bar No. 5648 E-mail: dhartzog@hartzoglawgroup.com Dan M. Hartzog Jr. N.C. State Bar No. 35330 Email: dhartzogjr@hartzoglawgroup.com Anna Davis N.C. State Bar. No. Email: adavis@hartzoglawgroup.com 2626 Glenwood Ave., Ste. 305 Raleigh, North Carolina 27608 Phone/Fax: (919) 670-0338 Attorneys for Defendants VAN CAMP, MEACHAM, & NEWMAN, PLLC Michael J. ha eo Be (ty N.C. State Bar No. 15593 Email: michaeln@vancamplaw.com 2 Regional Circle Pinehurst, NC 28374 Telephone: (910) 295-2525 Facsimile: (910) 295-5101 Attorney for DefendantsCERTIFICATE OF SERVICE ‘The undersigned attomey hereby certifies that this day the foregoing MOTION TO DISMISS was served on the following parties to this action by email and by depositing copy of the same in the United States Mail, postage prepaid and addressed to: C. Amanda Martin Elizabeth J. Soja Michael J. Tadych Stevens Martin Vaughn and Tadych, PLLC 6300 Creedmoor Road Suite 170-370 Raleigh, NC 27612 amartin@smvt.com mike@smvt.com Attorneys for Plaintiffs This the 8 day of July, 2022. HARTZOG LAW GROUP LLP Ain ~~ fay DAN M. HARTZOG N.C. State Bar No. 5648 Email: dhartzog@hartzoglawgroup.com DAN M. HARTZOG, IR. N.C. State Bar No. 35330 Email: dhartzogin@hartzoglawgroup.com ANNA DAVIS N.C. State Bar No. 41195 Email: adavis@hartzoglawgroup.com 2626 Glenwood Avenue, Suite 305 Raleigh, NC 27608 Telephone: (919) 480-2516 Facsimile: (919) 480-2516 Attorneys for Defendants