Update on court arguments in the Asheville water system case

(Photo: WRAL)

As reported here, Wake County Superior Court Judge Howard Manning Jr. heard arguments last Friday in the state-versus-local battle over control of the Asheville water system.

Per this report on the arguments from the Asheville Citizen-Times, Manning is expected to issue his ruling within the next 30 days. Until then his order enjoining the formation of a regional water system remains in effect.

During the two-hour argument, Manning pushed attorneys to get the crux of the challenge, which he identified as constitutional:

Manning, who ruled in a previous trial about the water system, said a decision on the latest case depends on whether the legislation was, in fact, a local bill and whether it applied to sanitation and public health, a combination that would run afoul of Article 2, Sec. 24 of the state constitution, which says the General Assembly cannot enact local local legislation “relating to health, sanitation, and the abatement of nuisances.” He also declined to consider legislators’ statements from committee hearings or from the floor of either the state House or Senate.

“Our constitution says what it says. Section 24 says what it says,” Manning said. “That’s where we are. So, gentlemen, we need to get to the merits of this thing, because this is your final shot.”

Manning asked the attorneys to send him a two-page summary of their arguments for review within a week.


Check Also

State Supreme Court rules retroactive application of teacher tenure repeal is unconstitutional

The state Supreme Court ruled unanimously today that ...

Top Stories from NCPW

  • News
  • Commentary

By the time Phillip Armachain was arrested last year, the 50-year old man from Cherokee had for year [...]

When the N.C. General Assembly’s top staffer announced plans last week to roll out sexual harassment [...]

It took five deadlocked votes along party lines and a failed suggestion to draw names from a hat for [...]

Late March is prime spring planting season in North Carolina, and this year, as part of his personal [...]

Ordinary Americans – those of us not allowed to know the secrets of high-level espionage work – at t [...]

Though they are sometimes dressed up in prettified language about “freedom” and “choice” and “market [...]

The post The apple doesn’t fall far from the tree appeared first on NC Policy Watch. [...]

In the aftermath of recent action by state lawmakers to back down from their previously enacted unfu [...]