Judge gives OK for Dam removal
Duke Energy has scored yet another legal victory in its five-plus year fight with Jackson County over the Dillsboro Dam.
Superior Court Judge Zoro Guice signed orders Monday (Jan. 11) denying the county’s request for an injunction against the power company to prevent Duke from moving forward with demolition of the dam. Guice also ordered the county to immediately issue a Land Development Compliance permit to Duke, stating that the power company should not have to seek local permits for demolition operations since it is being ordered by the federal government to remove the dam.
Guice’s only ruling against Duke was to deny the company’s request to dismiss the case due to “lack of subject matter jurisdiction.” However, Guice ruled that Jackson County could not move forward with condemnation until after Duke has removed the dam and powerhouse.
“Jackson County may only proceed with its condemnation action subject to the preemptive nature of the FPA and upon the completion by Duke Energy Carolinas of its obligation under the orders of FERC respecting the Dillsboro Dam, including the removal of the Dillsboro powerhouse,” Guice wrote.
For Jackson County, condemnation has proven to be a poor “ace in the hole,” as Guice’s orders are just the latest in a string of rulings favoring Duke Energy. The D.C. Circuit Court’s Dec. 22 ruling came less than a week after federal regulators issued the final approvals necessary for Duke to begin dismantling the dam.
