CITY FILES COMPLAINT AGAINST STATE INVOLVING WATER AGREEMENT

The City of Asheville today filed a complaint against the State of North Carolina in State Superior Court in Wake County for a declaratory judgment as to the constitutionality of local laws known as Sullivan Acts I, II and III.

The city and Buncombe County engaged in extensive negotiations during the spring and early summer to resolve differences over the now terminated water agreement. These negotiations were unsuccessful.

Sullivan Act I has been in place since 1933, and Sullivan Acts II and III were adopted by the North Carolina General Assembly on June 29, 2005. Together, these laws, known as local laws because they apply only to Asheville or within Buncombe County, unfairly restrict the city's operational and financial management of its water system and impose limits on Asheville not found in any other city in the state.

The city's complaint seeks to have the Sullivan Acts declared unconstitutional on several points: that they are local acts affecting health and sanitation and that they regulate trade, both of which are constitutionally prohibited, and that they deny Asheville equal protection of the laws. The city believes that its citizens should not bear a disproportionate share of costs of running the water system and is determined to oppose these enactments.

Under state law, actions to determine constitutionality of statutes must be served on the state's attorney general and may be filed in Wake County where Raleigh, the state capital, is located.

Questions regarding the complaint can be directed to Asheville City Attorney Bob Oast at (828) 259-5610.