Uncategorized

Court rules in favor of Asheville in dispute over control of water system

In a victory for local rule, Wake County Superior Court Judge Howard Manning, Jr. yesterday struck down a 2013 law transferring control of the Asheville water system to a newly-created regional entity as unconstitutional.

As reported by the Asheville Citizen-Times:

Manning said the law violates the state constitution’s guarantee of equal protection under the law because it “transfers the water system to another entity without any rational basis for doing so.”

The act would not change the use of the assets of the system, “will not result in any higher quality of water” and would give the system to “an entity that has never owned or operated a public water supply and delivery system,” Manning wrote.

The law would result in an “unlawful taking” of assets that the city runs similarly to a private corporation and that are entitled to similar protections, Manning wrote.

The state cannot require such a transfer of a private company’s assets and the water law “is not a valid exercise of the sovereign power of the legislative branch of government (or the state of North Carolina) to take or condemn property for public use.”

Even if the law were to be found valid, Asheville “is entitled to be paid just compensation” for the system, Manning wrote.

An appeal of Manning’s ruling is likely.

For more on the case, read here .

 

5 Comments


  1. Alan

    June 10, 2014 at 5:41 pm

    “Local control”, now this is progress.

  2. Alex

    June 11, 2014 at 8:56 am

    Sounds like you’re advocating for small government Alan ! Maybe we’re making progress.

  3. Alan

    June 11, 2014 at 10:17 am

    No Alex, you missed the point, yet again. Just pointing out the hypocrisy of many of the posts on this site from the extreme right.

  4. Alex

    June 11, 2014 at 12:17 pm

    I was laughing at you Alan, not with you ! I’m always forgetting how difficult it is for you to discern the difference.

  5. Alan

    June 11, 2014 at 1:06 pm

    I never cease to be amazed at the ignorance of the extremists that post here. And to think of all that CFO intellect being wasted…

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

When the N.C. Senate elected Tom Fetzer to the UNC Board of Governors in March, it was widely seen a [...]

The 12 minutes spent on the phone with Duke Energy customer service shed no light on how — or if — c [...]

Crumbling ceilings. Failing air conditioning and heating systems. Broken down school buses. Mold inf [...]

This story has been updated with comments from Jim Womack, who did not respond earlier to questions. [...]

Last week, the General Assembly announced which legislators will serve on the Joint Legislative Task [...]

The latest effort in Washington to repeal and not actually replace the Affordable Care Act has a dif [...]

Conservative group “reviewing” bigoted attacks; funding from major NC corporations implicated Nearly [...]

5---number of days since Senators Bill Cassidy and Lindsey Graham unveiled a new proposal to repeal [...]

Featured | Special Projects

NC Budget 2017
The maze of the NC Budget is complex. Follow the stories to follow the money.
Read more


NC Redistricting 2017
New map, new districts, new lawmakers. Here’s what you need to know about gerrymandering in NC.
Read more