Cabarrus County illegally appointed new board member, watchdog group lawsuit says
Cabarrus County commissioners illegally appointed a new board member and knew a member opposed to the appointment was undergoing dialysis and could not attend last Thursday’s vote, a government watchdog group says in a lawsuit.
Only three of the five board members were present for the special 8:15 a.m. meeting, according to Cabarrus County’s recording of the meeting on Youtube. The meeting was called at least 48 hours beforehand, per state law, County Attorney Daniel Peterson said before the vote.
The meeting was called to appoint a replacement for commissioners’ Chairman Christopher Measmer, who is set to fill state Sen. Paul Newton’s seat. Newton, a Cabarrus County Republican, resigned on March 26.
Measmer was sworn into the senate Tuesday afternoon, according to a news release by Senate Republican leader Phil Berger, R-Rockingham.
“I want to thank Chris for being willing to join us here in Raleigh,” Berger said in a statement. “I am confident that his experience serving at the local level will be an asset for him as he navigates the Senate. I look forward to working with Chris to help him accomplish his goals to support his district.”
In the same news release, Measmer said he was “humbled” to represent Cabarrus County in the General Assembly. “While I am serving in a different capacity, my mission to prioritize Cabarrus County will not waver,” he said.
‘’Incredible community service’’
At Thursday’s Board of Commissioners meeting, commission Vice-Chair Laura Blackwell Lindsey and commissioner Larry Pittman voted to appoint Lamarie Austin-Stripling to Measmer’s seat. Measmer, who had not yet resigned, voted “present,” which counted as a vote in favor of Austin-Stripling.
Forty people applied for the seat, Measmer said.
The Republican Party endorsed Austin-Stripling, Lindsey said before making the motion to appoint Austin-Stripling.
“Absolutely an amazing person,” Lindsey said. “Incredible community service.”
Austin-Stripling chairs the Concord United Committee, which City Council established in 2021 “to focus on racial or other inequities” in city government and the community, according to its website.
She also serves on the Logan Economic Development Committee, Lindsey said, referring to the historically Black Concord neighborhood. Previously, Austin-Stripling was on the steering committee of the Leadership Cabarrus Alumni Association.
“I wholeheartedly think that she is going to do a fantastic job up here with us,” Lindsey said in making the motion to appoint Austin-Stripling. “And I certainly look forward to serving with her.”
Pittman voted after acknowledging “there’s been a lot of questions and uncertainty about the appropriateness of this proceeding. I think our attorney has answered that, at least to my satisfaction.”
Group wants temporary injunction
Measmer “intentionally scheduled” Thursday’s vote at an hour he knew fellow commissioner Lynn Shue undergoes daily dialysis, according to Monday’s lawsuit by Cabarrus Citizens for Government Integrity filed in Superior Court.
“Cabarrus County and its citizens are without a legitimate County government so long as Ms. Austin-Stripling purports to act as a County Commissioner without legal authority,” the lawsuit says.
Filed by Raleigh lawyer James DeMay, the lawsuit seeks a temporary restraining order and/or a preliminary injunction barring Austin-Stripling from the seat.
“While this is no personal attack against Ms. Austin-Stripling,” the lawsuit says, “plaintiffs and other residents and taxpayers in the County will suffer immediate and irreparable harm ... Ms. Austin-Stripling does not have lawful authority to serve on the BOC, and will occupy her office as an usurper.”
Shue and commissioner Kenneth Wortman, who also was absent from Thursday’s meeting, are political opponents of the other board members, the lawsuit says.
State law mandates that “the remaining members of the board” vote to fill a board vacancy, the lawsuit says. Measmer shouldn’t have been allowed to vote because of his selection to the senate, according to the complaint in Cabarrus County Superior Court.
Measmer was allowed to vote because he hadn’t been sworn in to the senate seat, County Attorney Peterson said at the April 10 meeting. He said the vote was legal under state statutes.
This story was originally published April 15, 2025 at 2:19 PM.