After first saying "you are on your own," the North Carolina Association of County Commissioners' County Risk Group has reversed course and will now pay for Pender County's defense in a federal lawsuit filed by the Pender-Topsail Post & Voice. The risk pool's change comes after the newspaper narrowed its case so the suit now targets only the county instead of three commissioners in their individual capacities.
State risk pool reverses earlier denial
Pender County said in a June 2 news release that the NCACC County Risk Group amended its coverage decision and will provide funding for the county's defense costs in the lawsuit, according to Pender County. The county said it "recently learned of the amended decision" and appreciated the risk pool's review. The posting also notes that the Pender-Topsail Post & Voice filed the complaint on July 1, 2025.
How the coverage changed
The Post & Voice removed Chairman William "Randy" Burton, Commissioner Jerry Groves and Vice Chair Brent Springer as individual defendants in January, a development first reported by WECT. Owner Andy Pettigrew told Port City Daily he believes the NCACC changed course because the individual claims were dropped and the suit now stands only against the county.
The lawsuit's claims
The complaint, filed July 1, 2025, alleges the board's April 22, 2025 vote to move legal-notice advertising away from The Post & Voice was retaliatory and violated the First Amendment and related provisions of the state constitution, according to the federal complaint filed in the Eastern District of North Carolina, via WWAY. Plaintiffs also argue the Wilmington StarNews does not meet the statutory qualifications to publish legal notices under N.C. Gen. Stat. § 1-597, a point central to their challenge.
Local impact and what to watch
Pettigrew has said the county's decision cost The Post & Voice roughly $80,000 and forced cuts to coverage, a figure he discussed with reporters, according to Port City Daily. The county's news release acknowledged the NCACC's amended decision but did not describe the County Risk Group's internal deliberations or speculate on potential costs, according to Pender County. With the risk pool now covering defense costs, the lawsuit remains pending in federal court.
Legal implications
The case raises immediate questions about how North Carolina's legal-advertising rules are applied and whether a county board's choice of publication can amount to unconstitutional retaliation. The complaint seeks declaratory and injunctive relief that could change how legal notices and government advertising are awarded. The litigation is likely to play out slowly in the U.S. District Court for the Eastern District of North Carolina, leaving local readers and county officials waiting to see whether the suit will alter the county's ad practices or wider interpretations of state law, according to the federal complaint, via WWAY.
