The real appeal: Asheville City Council not taking “no” for an answer in water suit

Two weeks after a state Superior Court dismissed the city of Asheville’s lawsuit challenging legislation by the General Assembly, City Council has decided in closed session to appeal the decision to the N.C. Supreme Court. The city’s lawsuit challenges the Sullivan Acts, passed in 2005, which prohibit Asheville from charging higher water rates to customers outside city limits.

That restriction, alongside pending legislation that would require a referendum before Asheville can forcefully annex outlying areas, severely ties the hands of the city, says Council member Carl Mumpower. “I think these folks have stepped in a mud hole here,” he told Xpress. “They are creating an untenable local-government situation.”

The closed session took place midday on Feb. 16 at City Hall. Because of attorney/client privilege between Council and City Attorney Bob Oast, there was not much more information available on Friday.

— staff writer Brian Postelle

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One thought on “The real appeal: Asheville City Council not taking “no” for an answer in water suit

  1. seems to make sense.
    I am not sure of the exact costs involved, but I am sure that some of the higher taxes paid by city residents goes toward water costs.
    It is only fair these costs be borne by others who wish to use the system.

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