Former Republican county commissioner Mal Owings and Norris Hodgkins, a Democrat, filed the suit against the state of North Carolina, state Rep. Richard Morgan and County Commissioners Michael Holden and Colin McKenzie. Owings and Hodgkins are seeking an injunction to stop the law from taking effect.
Carthage attorneys Arthur Blue and Richard Conely represent Owings, who served two terms on the Board of Commissioners, and Hodgkins, a well known Southern Pines civic leader.
No date has been set for a hearing. The Board of Commissioners will meet today for the first time since the General Assembly enacted the law.
Morgan introduced the legislation at the request of Holden and McKenzie and quickly engineered it through the House and Senate last month.
In the complaint, Owings and Hodgkins ask that the court declare the law to be in violation of the state constitution and bar its enforcement. The complaint also asks that the use of "blank" or "open" bills in introducing legislation be declared unconstitutional, because it prevents open and public participation in the legislative process..
The General Assembly enacted the law Sept. 25, a little more than a week before the legislature adjourned for the session. The law is to expire Dec. 2 when a new commissioner, Virginia Saunders, will be sworn into office.
Morgan has told The Pilot that he introduced the bill after consulting with Holden and McKenzie, who often find themselves voting in the minority on measures before the board. Saunders, who is more closely aligned with Holden and McKenzie, defeated board Chairman Paul Helms in the Republican primary Sept 10.
"When you serve in the capacity of a public official, you can expect controversy, and you cannot effect change without controversy," Morgan told The Pilot from his legislative office in Raleigh Friday afternoon.
Morgan said this legal action convinces him once again that he did the right thing in introducing the bill.
"It's just another frivolous action that's politically charged and a complete waste of taxpayers' dollars," Morgan said. "The attorney general has more to do than mess around with Art Blue and this kind of stuff. But it seems clearly, without a doubt, to be politically motivated."
Morgan defeated Blue in a Republican primary four years ago.
Owings said that his part in the complaint was not politically motivated but was prompted by concern for the people of the county.
"I served eight years on the Board of Commissioners with Commissioners Helms and Ewing, and I know they don't pull shenanigans," Owings said. "They are decent, honest men that I could trust then and still trust. I think Michael's imagination has run away with him."
Owings was referring to a comment made by Morgan who told The Pilot that Holden and McKenzie were concerned that Helms and Commissioners Bob Ewing and David Cummings might pull "some shenanigans," similar to actions taken by former President Clinton in the final weeks of his administration.
Issues mentioned by Holden, McKenzie and Morgan include passage of an additional half-cent sales tax, extension of the extraterritorial zoning jurisdiction for Carthage and approval of an extended contract for County Manager David McNeill.
McNeill said he does not have a contract and does not want one. Carthage has withdrawn its request from the agenda for today's commissioners' meeting.
"I have no personal problem with any of these folks, but I do have a problem with Moore County being treated differently from the other 99 counties," Owings said. "That's the reason I did what I did."
Owings said there are no political issues are involved.
"I voted for Richard Morgan, and I contributed money to his campaign, so I have no deep venom against him," Owings said.
Owings thinks the "imagination and anxiety" of Holden and McKenzie have carried over onto Morgan.
"I don't think Moore County should suffer over something they seem to have a great deal of anxiety over," Owings said.
Owings added that the North Carolina Constitution is "the most powerful in the free world." He called it a leftover from colonial days and said that North Carolina is the only state that has this
