State Superior Court Judge Howard Manning, Jr. spent better than two hours in a Raleigh courtroom this morning listening attentively and asking numerous questions as lawyers for the City of Asheville and the Attorney General’s office debated the constitutionality of legislation passed this spring by the General Assembly to seize the City of Asheville’s municipally-owned and managed water system and turn it over to a newly-formed regional entity.
Though the hearing featured a great deal of give and take between the judge and the lawyers, the argument was clearly dominated by Asheville’s lawyer, Mecklenburg County Senator Dan Clodfelter. Clodfelter, an attorney at the firm of Moore and Van Allen (which is, ironically enough, Governor McCrory’s old employer) offered a lengthy and detailed presentation in which he explained the history of the Asheville system and the almost comically ham-fisted efforts of conservative legislators to remove the system from city control as part of a longstanding partisan battle.
Manning, one of the state’s most experienced and respected jurists, clearly grasped the legal (and political) realities of the case from the outset of the hearing.
At one point, Read More…