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…