Legal wrangling over Dillsboro Dam continues
The lawsuits continue to pile up in the ongoing battle over the Dillsboro Dam.
Duke Energy this week filed two lawsuits: one against Jackson County, its planning director, Linda Cable, and its building inspector John Wittekind; and a second that names the county and its manager, Ken Westmorelan
Meanwhile, county officials made good on their June pledge to begin condemnation proceedings in order to seize Duke’s Dillboro Dam, powerhouse and surrounding property through eminent domain to create a planned Dillsboro Heritage Park.
Though a letter to Duke announcing the county’s intent to condemn placed an estimated value of $370,000 on the dam, powerhouse and Duke’s Dillsboro property, the papers filed Monday with the Jackson County Clerk of Court indicate the county is proposing to pay $1. According to Commissioners’ Chairman Brian McMachan, that figure was arrived at by subtracting what he said Duke will “save” by not having to remove the dam and powerhouse.
Duke is under a Federal Energy Regulatory Commission order to remove the dam and powerhouse as mitigation for its larger hydroelectric projects and has begun dredging upstream of the Dillsboro Dam as mandated by a state water quality certification, which Jackson County is also contesting.
The first of Duke’s latest lawsuits claim that Jackson County is denying the power company permits it needs to proceed with dam and powerhouse removal. The second one contends that Westmoreland is in violation of North Carolina’s Public Records Law for failing to provide information and failing to respond to power company requests for information.
Lawyers for both sides will square off in Haywood County Superior Court tomorrow (Wednesday) morning at 9:30 a.m. when Judge Brad Letts will rule on the county’s request for a temporary restraining order that would allow county personnel onto Duke’s Dillsboro property. The county is also asking the court to set a date for a hearing to determine whether the county has a right to condemn the dam and powerhouse, according to Commissioner Tom Massie.
Copies of all three lawsuits are below.
Documents:
PDF: Duke v. Jackson County Lawsuit for second permits
