North Carolina Appeals Court: Takeover Of City Water System Not Unconstitutional

(October 7, 2015, 11:48 AM EDT) -- RALEIGH, N.C. — North Carolina legislation that allows the takeover the City of Asheville’s water system is not unconstitutional, a panel of the state Court of Appeals ruled Oct. 6 (City of Asheville v. State of North Carolina, et al., No. COA14-1255, N.C. App.).

(Asheville opinion available. Document #95-151008-022Z.)

In 2013, the North Carolina General Assembly enacted the Water/Sewer Act, which authorized creation of a metropolitan water and sewerage district (MWSD) voluntarily or “by operation of law.” The law states that a public water system belonging...
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