Two residents file suit over BVU, city split
Published: November 26, 2009
Updated: January 19, 2010
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.
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Reader Reactions
Posted by Raoul on November 26, 2009 at 9:14 am
Way to go Whitleys!!!
It’s about time there was a little insurrection by the residents of Bristol, VA over the inept business dealings of their city council.
Now who’s going to take on the giveaway of a whole business park to Alpha Resources?
As the highest and best bidder, I do NOT approve of any dealings with Alpha!
You may govern yourselves accordngly.
If Bristol,Tn and Bristol, Va had worked together some years ago they could have a combined govt that competed with Kingsport and Johnson City.
I doubt it will make a hill of beans difference. BVU, Ricky Boucher, Willy Wampler, and the City Council are all in bed together and Boucher is the pivot man! Communism at it’s best here! Anyone wonder why BVUB lowered your power bill this month???? Cause they gonna get it when ya pay ya taxes December 5th! Someone should whip they dogdhit out of Wes Rosenbaum for putting the city MILLIONS in debt for his precious fiber network!
Way to go Whitleys!!!
It’s about time there was a little insurrection by the residents of Bristol, VA over the inept business dealings of their city council.
Now who’s going to take on the giveaway of a whole business park to Alpha Resources?
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