From Staff Reports

A judge’s ruling blocking the transfer of the Asheville water system to a regional authority will put the matter on hold for two months or more, Asheville City Attorney Bob Oast recetntly told media outlets.

The judge’s action blocks a new state law that would end city control of the system. The attorneys involved in the case, and a Wake County Superior Court judge, agreed to the delay on May 20.

Next, a judge will decide whether to prevent enactment of the law — transferring the system to the Metropolitan Sewerage District — until the lawsuit is settled.

On May 14, the city’s request for a temporary restraining order barring a transfer was granted by a Raleigh judge and was to expire May 20. However, the latest action provides a delay for at least two more  months, according to Oast.

In its filing, the city contended it would suffer irreperable harm if the transfer occurred. 

Asheville’s complaint asked that the law be struck down as a violation of the state and federal constitutions and a state law designed to protect holders of bonds issued by local governments, such as the city.

The law “is devoid of any rational basis for the transfer” and calls for “an uncompensated taking of the water system assets by the state,” the suit states.