New Hanover County wants Brian Berger's appeal tossed out---and for Berger to pay the legal costs associated with his appeal.
Berger is appealing his removal from the Board of Commissioners last May.
Both sides have to turn in arguments to a judge by August 19th.
That judge will decide if the board had jurisdiction to remove Berger from office.
The board used an amotion hearing to oust Berger.
Berger's attorney's argue the amotion hearing violates the state constitution.