The Belhaven Board of Aldermen voted 3-2 at Monday night’s meeting to appeal state Superior Court Judge Stuart Albright’s decision to throw out the lawsuit against Vidant Health and Pantego Creek LLC.

Aldermen Tony Williams and Vic Cox were the dissenting votes.

The town and the state NAACP filed the lawsuit alleging fraud, breach of contract, breach of fiduciary duty and unfair trade practices.

At the meeting, Mayor Adam O’Neal said he thinks Judge Albright’s decision was unfair and that the judge had no interest in hearing their side of the story.

He said NAACP lawyer Allen McShirley is confident about the case’s return to court.

“The appeals court is very unbiased,” O’Neal said. “We have to appeal this lawsuit.”

More information about the board’s vote will be available in the Wednesday edition of the Daily News.