Forced Transfer of Asheville Water System Constitutional, State Appeals Court Rules

摘要

The North Carolina Legislature's forced transfer of Asheville's water system to a regional authority is constitutional, the state court of appeals ruled Oct. 6 (City of Asheville v. State, N.C. Ct. App., No. 14-1255, 10/6/15). The North Carolina Court of Appeals' ruling overturns a June 2014 decision by a trial court that said transferring control of the system to another entity "without any rational basis for doing so" was an unconstitutional taking of property (46 ER 1727, 6/5/15). The transfer has been on hold as the city's appeal was pending.