Tuesday, October 06, 2015

The "General Assembly Is God" Court Decision

This morning Justice Chris Dillon of the NC Court of Appeals issued a three-judge panel's decision in the case about the seizure of Asheville's water supply.

It's pretty amazing. Or not amazing at all, if you've been paying attention to what's been happening to the higher levels of "justice" in North Carolina. Here's the "money quote" from Dillon's written opinion:  "Our General Assembly has the power to create a new political subdivision, to withdraw from Asheville authority to own and operate a public water system, and to transfer Asheville’s water system to the new political subdivision without compensation."

Got that?

Asheville built it. Asheville paid for it. The General Assembly can take it and give it to some other group, and they don't have to pay Asheville a thin red dime for it.

You realize what this means for the long-debated and controversial new Boone water intake on the New River. If you don't know what it means, you might be playing with less than a full deck of cards or you might be an incumbent on the Boone Town Council.

4 comments:

timpeck said...

"they don't have to pay Asheville a thin red dime for it"

Asheville was offered compensation for the transfer of the water system to MSD but they turned it down.
https://www.scribd.com/doc/141200057/MSD-Compensation-Offer

timpeck said...

"Asheville built it. Asheville paid for it."

Asheville did NOT built it. Asheville did NOT paid for it. Construction and improvements were funded by system ratepayers and revenue bonds holding ratepayers as obligors. City taxpayers did not pay one thin dime.

Anonymous said...

"Asheville was offered compensation for the transfer of the water system to MSD but they turned it down.
https://www.scribd.com/doc/141200057/MSD-Compensation-Offer"

So because I offer you payment for something that you don't want to sell, and you therefore refuse my offer, I can just take it? Hardly a line of reason or transfer of fault.

Anonymous said...

To Tim Peck, please show how "system ratepayers" for the Asheville system don't actually live in Asheville. Residents funded this thing. NCGA does not have the right to take it from the just because...