The Town of Mooresville is hoping that a Superior Court judge will dismiss claims made against it by two former department heads, Richard McMillan and Wilce Martin.
The two men are suing the town for defamation and wrongful discharge in violation of state public policy.
A hearing on the matter was scheduled for tomorrow (Monday) at 10 a.m. in Superior Court, Statesville, but it will likely be continued due to illness.
The town -- represented by Patrick H. Flanagan and Melody J. Canady of Cranfill, Sumner & Hartzog LLP of Charlotte -- asks that the claims be dismissed because McMillan and Martin have "no genuine issues of material fact."
Specifically, the town's attorneys state that the defamation charges should be dismissed because "there is no evidence that (the town) made or provided any statements to the local media or anyone else that were defamatory as to either (McMillan or Martin) and because the substance of the communications at issue are true."
The wrongful-discharge claims should also be dismissed, according to the town, because McMillan and Martin "did not engage in any protected activity and there is no causal connection between any alleged protected activity and the termination of their employment from the Town of Mooresville."
McMillan and Martin's attorney, Jenny Sharpe of Charlotte, has not yet filed a response to the town's motion for summary judgment.
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