Asheville can keep water system, judge says

Judge Howard Manning JR. (WRAL Photo.)

(Asheville Citizen-Times) A judge on Monday struck down as unconstitutional the 2013 law that would transfer control of the city water system to the Metropolitan Sewerage District. Wake County Superior Court Judge Howard Manning Jr. found that the law violates a prohibition in the state constitution against “local” laws on certain subjects, “lacks a rational basis” and calls for an “unlawful taking.” Even if the law passed the constitutional hurdles, the city would be owed compensation for the water system, Manning wrote, something the law does not provide for. Both sides have predicted that whatever decision Manning made would be appealed, and Manning himself said the same thing in his nine-page decision.

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Posted on June 10, 2014, in Uncategorized. Bookmark the permalink. Leave a comment.

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