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City seeks dismissal of Asheville Watchdog’s open meetings lawsuit over 2022-23 water outage committee • Asheville Watchdog

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avlwatchdog.org – ANDREW R. JONES – 2025-06-17 10:49:00


The City of Asheville has filed a motion to dismiss a lawsuit by Asheville Watchdog and Sunshine Request, which alleges the city violated North Carolina’s open meetings law during an investigation into the 2022–2023 holiday water outage. The lawsuit claims the city’s Independent Review Committee (IRC) met privately with officials and excluded the public. Asheville argues the case is moot since the IRC was dissolved in June 2023 and there’s no ongoing controversy. The city also claims the plaintiffs lack standing, citing no current injury or proof of future similar committees being formed in violation of open meetings requirements.

The city of Asheville has asked a judge to dismiss Asheville’s Watchdog’s lawsuit alleging violations of the state’s open meetings law following the 2022-2023 holiday water outage.

The city’s motion, filed Monday in Buncombe County Superior Court, did not directly address whether it violated the state’s open meetings law with its Independent Review Committee, which investigated the cause of the failure that left thousands of residents and businesses without water for up to 11 days. The IRC met multiple times over several months, at times with city officials present, and made recommendations to the Asheville City Council, while denying journalists and the public access to the meetings.

The lawsuit, filed by Duke University Law School’s First Amendment Clinic on behalf of The Watchdog and Sunshine Request, an Asheville-based public interest project that publishes results of public records requests, seeks a judgment declaring that the city violated the law and preventing it from creating future similar committees that operate outside public view. 

The city countered that because the IRC no longer exists, any decision would “simply be an advisory opinion as to the validity of the past operations” of the disbanded committee.

“Plaintiffs merely speculate that other, unspecified committees may be formed at some unidentified point in the future,” the city argued. 

“[T]he claimed ‘controversy’ between Plaintiffs and Defendants concerns either alleged actions which occurred in the past, prior to the IRC’s dissolution more than two years ago, or speculative actions Plaintiffs fear Defendants may take in the future, not a present and actual controversy,” said the motion filed by attorneys with the Cranfill Sumner firm in Charlotte. ‘‘Plaintiffs themselves admit that ‘the Independent Review Committee was dissolved upon completion of its work, on or about June 13, 2023.’’’  

The city’s motion also said that The Watchdog and Sunshine Request lack standing.  

“Plaintiffs cannot establish they have suffered an actual or imminent injury capable of redress by a favorable decision, as the IRC has been dissolved for nearly two years, and Plaintiffs merely speculate that other, unspecified committees may be formed at some unidentified point in the future,” its response said.


Asheville Watchdog welcomes thoughtful reader comments on this story, which has been republished on our Facebook page. Please submit your comments there.


Asheville Watchdog is a nonprofit news team producing stories that matter to Asheville and Buncombe County. Andrew R. Jones is a Watchdog investigative reporter. Email arjones@avlwatchdog.org. The Watchdog’s local reporting is made possible by donations from the community. To show your support for this vital public service go to avlwatchdog.org/support-our-publication/.

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The post City seeks dismissal of Asheville Watchdog’s open meetings lawsuit over 2022-23 water outage committee • Asheville Watchdog appeared first on avlwatchdog.org



Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Left

The article presents a factual report on a legal dispute between the City of Asheville and Asheville Watchdog but subtly leans toward transparency advocacy, a stance more commonly associated with center-left ideologies. While it quotes the city’s legal arguments thoroughly, the inclusion and emphasis on public access, accountability, and civil liberties — especially through the involvement of Duke University’s First Amendment Clinic and Sunshine Request — reflect values typical of center-left journalism. The tone remains largely neutral, but the selection of sources and framing of the lawsuit lends mild support to the watchdog entities challenging government opacity.

News from the South - North Carolina News Feed

‘A gun to a knife fight’: Democrats’ chief pledges a more pugnacious party in more states

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ncnewsline.com – Jacob Fischler – 2025-08-02 05:00:00

SUMMARY: Democratic National Committee Chair Ken Martin emphasized the need for Democrats to aggressively rebuild organizing and campaigning efforts to regain working-class voters lost to Republicans. He criticized GOP redistricting in Texas as a “power grab” and endorsed reciprocal efforts by blue states. Martin stressed year-round campaigning to fix the party’s branding and connect with broader constituencies, invoking Paul Wellstone’s populist legacy. He highlighted the unpopularity of recent Republican policies as an opening for Senate gains but urged unity within the Democratic Party and investment in state infrastructures to expand competitiveness beyond traditional strongholds.

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'World's oldest baby' born from embryo frozen in 1994

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www.youtube.com – ABC11 – 2025-08-01 14:08:40


SUMMARY: Thaddeus, born in Ohio, is now the world’s oldest baby conceived from an embryo frozen in 1994—over 30 years ago. His adoptive parents, Tim and Lindsey Pierce, who had struggled to conceive for seven years, received the embryo through a Christian embryo adoption agency. The embryo was originally created by Linda Archer and her then-husband using early IVF technology. Despite the embryo’s age, doctors confirm embryos frozen correctly can be as healthy as fresh ones. Thaddeus’s birth raises ethical questions about frozen embryos’ future and ownership, with around one million frozen in U.S. storage. Linda notes Thaddeus resembles her 30-year-old daughter.

A baby was born from an embryo frozen over 30 years ago. More: abc11.com Download: https://abc11.com/apps/ Like us on …

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Will ‘The Power Bill Reduction Act’ make electric bills in NC go up or down?

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ncnewsline.com – Lisa Sorg – 2025-08-01 04:30:00

SUMMARY: Duke Energy won legislative approval to ease its carbon emissions targets in North Carolina by overriding Governor Josh Stein’s veto of Senate Bill 266, known as the Power Bill Reduction Act. The law cancels Duke’s interim goal to cut carbon emissions by 70% by 2030 and allows greater reliance on natural gas, while still requiring net-zero emissions by 2050. It also lets Duke shift more fuel costs onto residential customers and charge for power plant financing even if projects are never completed. Critics warn this risks higher bills, greater fossil fuel dependence, and weakening climate commitments amid worsening heat and storms.

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The post Will ‘The Power Bill Reduction Act’ make electric bills in NC go up or down? appeared first on ncnewsline.com

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