At City Council’s annual retreat on Fri., Jan. 29, at noon Mayor Esther Manheimer announced that the N.C. Supreme Court has agreed to hear the city’s case opposing a state-mandated transfer of the Asheville water system’s ownership to the regional Metropolitan Sewerage District of Buncombe County.
Prior to the decision announced today, the most recent ruling in the matter had come from the state Court of Appeals, which overturned a trial court ruling in the city’s favor. The Court of Appeals ruled that the system’s transfer did not violate the North Carolina constitution.
At the same time that it agreed to hear Asheville’s case, the N.C. Supreme Court also granted a stay of the state legislation mandating the transfer of the system, which will allow the city to retain ownership while the case moves forward.
According to Asheville City Attorney Robin Currin, the City of Asheville must submit a brief 30 days from today. The State of North Carolina will then have 30 days to file a response. At some point after those two filings, the N.C. Supreme Court will hear oral arguments in the case.