BRISTOL, Va. – Two residents are suing the city over the City Council’s controversial decision to establish a separate authority for Bristol Virginia Utilities.
Lonnie and Jeannette Whitley filed the suit Tuesday in Bristol Circuit Court, claiming the council’s vote was unconstitutional and seeking an injunction to prevent the city from asking the Virginia General Assembly to approve the new authority.
The basis of the Whitleys’ claim is that the 3-2 vote to approve the ordinance creating the authority is not legally sufficient, because the ordinance effectively sells city assets.
BVU provides electricity, water, sewer and telecommunications services, and currently operates as a division of city government. Under the new authority, BVU would have autonomy to borrow money, enter into contracts and increase rates without the approval of the City Council.
“I truly believe that what they’ve done, in effect, is sold those assets,” David Hutton, the Abingdon attorney retained by the Whitleys, said late Wednesday.
In the lawsuit, Hutton argues that the council’s ordinance is unconstitutional because Virginia’s constitution requires a three-fourths vote of all elected officials to sell city assets.
BVU’s attorney, Walt Bressler, said the city did not vote to sell any assets, so the three-quarters vote doesn’t apply. The City Council’s action merely asks the General Assembly to convert the utility into its own authority, he said.
The question of whether to allow the utility to form its own authority polarized both the council members and the community, drawing 75 people to the Oct. 27 meeting when the ordinance was approved.
Lonnie Whitley said Wednesday that he is a member of a group called Citizens Coalition against the BVU Act and BVU Authority, which is meeting at 6 p.m. Dec. 7 at the Bristol Public Library. Because the authority would have to gain approval of the Virginia General Assembly, Whitley said, state Sen. William Wampler, R-Bristol, and Delegate Joe Johnson, D-Abingdon, have been invited to attend that meeting.
dgilbert@bristolnews.com | (276) 645-2558
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