U.S. District Judge Henry Wingate blocked the implementation of HB #1677. His order states:
The court directed the parties to submit briefs within ten (10) days, addressing whether House Bill 1677 encroaches upon: 1. The subject-matter jurisdiction of this federal court; 2. The dictates and requirements of the existing Interim Stipulated Orders; and 3. This court's ongoing authority and management of Jackson's water and sewer systems.The City may decide, in its own professional judgment, whether it wishes to file separate claims, name specific respondents thereto, and articulate the exact permanent remedies it seeks. If it chooses to file such, the City may do so within five (5) days of this bench order. The court stressed that until this court determines whether to relinquish its authority over the water and sewer systems, the status quo must remain undisturbed.
Members of the Jackson Metro Water Authority Board can be seated but cannot act. Jackson Mayor John Horhn praised the decision:
Earlier this week, Mayor John Horhn and the City filed a motion asking the federal district court to enjoin implementation of HB 1677, the state law that would create a Metro Water Authority with only three board members appointed by the City. The motion argued that the State was preempted from passing legislation that seeks to take authority away from the federal court, which HB 1677 clearly attempts to do. The City’s legal position is that only the federal court can determine what happens next with the City’s water system. Today, Judge Henry Wingate issued a preliminary injunction that bars the authority from taking any action other than appointing its members. Judge Wingate also requested time to review HB 1677 and determine whether the law encroaches on the authority of the federal court.
“Just as the city is concerned about the state encroaching on Jackson’s authority to manage its affairs, the court likewise has questions as to whether the state encroaches on federal authority regarding the future of Jackson water and waste water,” said Mayor John Horhn.
Judge Wingate has given all parties ten days to submit briefs that address their positions on this matter. No action can be taken by the authority except for the seating of board members until the judge issues his final ruling.
Let the games begin.
14 comments:
I’m getting dizzy….
Congratulations Horhn. Way to tarnish your legacy. We had a good thing going!
count 1 business moving , i pay around 12,000 to the state a month in sales tax. don 't really know what the city gets out of that but i'm not going thru another water cornhole. i'm goining to cry laughing watching the city scew it'sself from 12 miles away. some caint help but shi# where they eat......
The only water system on the planet controlled by a federal judge.
The attorney general had the strongest
opposition to this. So did Mdeq.
Wingate had it backwards letting city
file a claim. The attorney general argued that.
If he knocks this down might be a lawsuit. The city is not required to
enter into a lease.
Don’t get too excited, Mayor. This is the same judge who said the city has “a culture of not paying.”
He’s just giving you your day in court, and making sure he can’t be reversed on appeal, as is his typical approach.
Wingate needs to dust off those abstention doctrine books from law school (and maybe update a pocket part)
Geez Judge!!! That bill doesn’t mean anything until you sign off on an authority. Guess he wants to control the system even after Ted leaves.
Tate needs to nominate Wingate to the Water Authority Board or better yet make him the executive director!!!
In the end, the State carries the day unless Wingate has decided to remain in charge in perpetuity. The repeated delays on all fronts don't make Jackson's position stronger.
... i pay around 12,000 to the state a month in sales tax. don 't really know what the city gets out of that ...
~$2,200 monthly.
It’s about $26,500 a year to the city not counting the extra 1% for Jackson. So they would be losing almost $30k a year from the budget by you leaving. Cities typically get 18.5% of the sales tax payments, not counting any extra city taxes.
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