An appeals court has sided with North Carolina State University in the latest Poe Hall legal challenge. A group of judges ruled that outside experts cannot enter Poe Hall, at least for now.
Earlier this month, Wake Superior Judge Hoyt Tessener ruled that N.C. State must allow independent investigators into the building. He also stated that NC State must allow testing to proceed regardless of a pending appeal. Thursday’s decision changes that.
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A panel determined that outsiders cannot enter Poe Hall until an appellate court determines if Tessener’s ruling was flawed.
The order is a blow to many former students and workers who believe the building may have led to their cancers.
The names of three judges behind the decision won't be released for 90 days.
As part of a sweeping investigation into the potential public health crisis, more than 190 people who worked or studied in Poe Hall have reported to WRAL 5 On Your Side that they developed cancer after spending time in the building. Others have reported tumors, fertility issues and cognitive issues. Many feel the university has not done enough to determine if the carcinogenic chemicals found in Poe Hall contributed to their illnesses.
The university closed Poe Hall last November after toxic chemicals were found inside it. Records obtained exclusively by WRAL 5 On Your Side show that complaints from a group of workers battling cancer led to the testing.
NC State appeals decision to allow independent testing of Poe Hall
After a judge ruled that N.C. State must allow independent investigators into Poe Hall, the university appealed the decision.
“I do not understand why N.C. State does not want anyone to investigate Poe Hall,” said Darren Masier, a former N.C. State graduate student who is now battling leukemia.
Masier, a former triathlete with no family history of leukemia, was diagnosed with cancer this past year. A former colleague of his, who also spent years studying in Poe Hall, was diagnosed with the same type of cancer the very same year.
"Why us?" Masier wondered.
In November 2023, Masier found a possible answer. The university announced it would immediately close the seven-story building after preliminary testing – conducted at the behest of other Poe Hall employees also dealing with cancer – revealed high levels of toxic chemicals known as PCBs lurking in the building. The chemicals, once commonly found in building materials, were banned by the Environmental Protection Agency (EPA) in 1979 and are now known to be carcinogenic.
The announcement was a revelation for the hundreds of alumni and workers who have since told WRAL 5 On Your Side that they developed cancer after working or studying in Poe Hall. But in the six months since closing the building, the university has released very few details about what countless workers and students may have been exposed to.
"Why is more testing a bad thing?" Wake Superior Judge Hoyt Tessener asked N.C. State’s attorneys before ruling in favor of Masier.
The decision also gave Masier’s attorneys the ability to question key N.C. State leaders, like Chancellor Randy Woodson, about the university’s handling of Poe Hall.
'My only possible conclusion is that they have something to hide'
Twelve days later, the small victory was sullied when N.C. State’s attorneys, Todd Roessler and Joseph Dowdy, filed an appeal, arguing the issue belongs in a separate court that handles workers' compensation claims. A spokesperson told WRAL 5 On Your side that the appeal was "necessary" and about "respecting the law" by "proceeding in the correct forum."
N.C. State also asked a court to temporarily halt the independent investigation pending the appeal – something Judge Tessener previously refused to grant. The university's spokesperson said the decision to appeal was not about "hiding evidence or a lack of concern for people who are sick."
"I am very disappointed, and I find this lack of transparency extremely disheartening and concerning," Masier told 5 On Your Side.
Masier’s attorneys, David Kirby and Bryan Brice, have until the end of the month to respond to the appeal. The courts could make a determination at any time.
"I’m disappointed but not surprised," said Dr. Kate Norwalk, an associate professor and breast cancer survivor.
Norwalk worked in Poe Hall for seven years and is one of 85 women diagnosed with breast cancer, the most common diagnosis reported to 5 On Your Side.
"NC State continues to prioritize their own liability over the well-being of their students and employees," she said.
In December 2023, the university hired consulting firm Geosyntec Consultants to conduct its own investigation of Poe Hall, which included more extensive PCB sampling of the building. Attorneys working on behalf of the university argued that Masier did not need access to Poe Hall because Geosyntec’s current investigation was sufficient – even though experts have said the opposite.
Chancellor Woodson maintains that the health of students and workers is the focus of the testing. But Masier and others remain skeptical. Highlighting its experience with PCB-related litigation, Geosyntec’s website said its "efforts have resulted in a significant reduction in damages prior to trial and improved settlements.”
In March, Woodson told WRAL News that Geosyntec would release the full results of the testing by the end of April, but that was later pushed back to May or even June.
"My only possible conclusion is that they have something to hide," Masier said.