Tuesday, June 10, 2014

State Seizure of Asheville's Water Struck Down by Judge

Yesterday Wake County Superior Court Judge Howard Manning Jr. struck down the 2013 General Assembly law that would have transferred Asheville's water system to a county authority.

Judge Manning found the law in violation of the state's constitution specifying what "local bills" are allowed to accomplish (Senator Dan Soucek ... your day is coming!). Judge Manning also ruled the bill an "unlawful taking," and -- the best part -- the judge said the law had no "rational basis."

When a court of law rules officially that the ruling party is in fact irrational, we find some reason to hope for the future of North Carolina.

Asheville Mayor Esther Manheimer said Manning's decision is "a huge victory for cities. When you initiate a lawsuit of this magnitude, you need to do so responsibly because it has broad implications across the state."

As Boone voters know, Republicans in the General Assembly are pretty much willing to do anything to hurt, hobble, and high-jack the ability of North Carolina's towns and cities to determine their own futures.

1 comment:

Anonymous said...

The Republican come back; forming a three judge panel to review constitutional challenges; it's coming...