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Ousted Authority officers file suit against county
By Lynn Hotaling
Superior Court Judge Ronald Payne granted a temporary restraining order Wednesday morning, ruling that Jackson County’s Airport Authority cannot hold meetings until he hears arguments for an injunction sought by two present and one former member of the Jackson County Airport Authority, according to Jim Rowell, one of the plaintiffs in the suit, and Jackson County Manager Ken Westmoreland.
That case is expected to be heard at 9 a.m. next Wednesday, April 6, in Jackson County Superior Court.
“It means (the Authority) can’t meet for a week,” Westmoreland said.
The suit was filed last week against Jackson County, its commissioners and three current Airport Authority members, and seeks the court’s help in re-establishing the Authority as it existed in December.
Asheville attorney Joe McGuire filed the suit in Jackson County Superior Court March 23 on behalf of former Chairman Tom McClure, former Secretary-Treasurer Rowell and Authority member Eldridge Painter.
The suit names as defendants three current Authority members – Chairman Gary Buchanan, Secretary-Treasurer Ed Riley and Commissioner Eddie Madden – and the Airport Authority.
The suit is against the Authority as it’s now constituted, McClure said Monday, when asked why the Authority was named in the suit when Painter and Rowell are still members.
“We’re looking for injunctive relief,” McClure said.
In addition to asking the court to reinstate McClure and Rowell as Airport Authority officers, the suit also alleges that county leaders’ actions in removing McClure resulted in defamation against him and that commissioners violated the Open Meetings Law during a Jan. 12 closed session. It asks the court to prohibit commissioners from seeking to exercise control over the Economic Development Commission and Airport Authority.
The suit marks the latest skirmish in the battle that has raged since commissioners’ Jan. 12 decision to remove McClure from all appointed county positions, including his seat on the Airport Authority, and to seize the records and minutes of the EDC, also chaired by McClure.
McGuire sent Buchanan and county commissioners a letter earlier this month that threatened legal action if the Authority is not reconstituted as it was prior to the removal of McClure and Rowell as officers.
The Buchanan-led Authority met days later (March 10) and voted to retain county attorney Paul Holt to represent them and seek return of records held by Rowell.
The name of McGuire’s law firm was on the agenda for the Airport Authority’s regular fourth-Thursday meeting, set for March 24. However, that meeting was cancelled because Riley was unexpectedly delayed in Georgia on business.
Riley declined comment on the lawsuit but confirmed that he had changed the Authority’s bank accounts to place Authority assets under control of the present officers. Lack of access to funds and mail was discussed during the group’s March 10 meeting after Riley told the others that Rowell had refused to surrender either financial records or the key to the Authority’s mailbox.
Rowell said he learned Riley had closed existing accounts when a check he had written was returned. Airport Authority mail is currently being held at the Cullowhee Post Office pending the results of the legal battle, Rowell said.
Adding to confusion surrounding the Authority is a resolution passed March 21 by Jackson County’s commissioners – with no discussion – that asks the Legislature to consider approving the creation of a joint Jackson-Macon Airport Authority.
Riley said he did not think that plan had been discussed with Airport Authority members. Commissioner Madden, who might have spoken to that question as both a county official and an Authority member, did not return telephone calls prior to press time.
New Commissioners’ Chairman Brian McMahan said both that resolution and one in support of a planned runway extension in Macon County were expressions of support to Macon County.
“Macon County is actively trying to put together a plan to expand their airport,” he said. “They have the capability to expand to receive jets, which would be a benefit to them and to the region. We agreed to help them form a regional authority.”
According to McMahan, if such an authority were created it would not replace Jackson County’s Airport Authority but would be in addition to it. He emphasized that last week’s action was only meant as an expression of support for the plan.
“It’s not even a bill yet,” he said. “And even if it passes, it’s enabling legislation only; it would not require us to participate.”
Westmoreland said Macon County officials had raised the question of a regional airport last year but the matter had not previously been discussed during a commissioners’ meeting.
“Macon County brought the issue back to the board,” he said. “I understand that Macon County is having similar issues (with their airport). The present airport can consume a lot of dollars with minimal return; maybe combining dollars with a regional facility would make more sense.”
Both McMahan and Westmoreland declined comment on the pending legal action.
The Airport Authority had scheduled a special meeting at 7 p.m. meeting tonight (Thursday) in Room 203 at the Justice Center, but that meeting will likely be cancelled in light of Judge Payne’s ruling.
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