Cooper Family Files Civil Complaint Against Town, Council and Staff Over Intake Action

Published Tuesday, October 20, 2015 at 3:05 pm

By Jesse Wood

The Cooper family who opposes the Town of Boone’s proposed water intake project along the South Fork of the New River has filed a civil complaint against the Town of Boone, the Boone Town Council and town staff.

Attorney Robert Brinson with High Point-firm Roberson Haworth and Reese, PLLC filed the action on behalf of Ronald and Linda Cooper and Donald and Deveta Cooper on Oct. 20 at noon.

The Coopers own a 1.81-acre property that the Town of Boone recently condemned last month. The Coopers had previously filed a complaint in court in June seeking a permanent injunction against the condemnation and also demanding a required public hearing for the condemnation of qualifying land under the voluntary farmland preservation program.

The public hearing was eventually held [before the condemnation] by the Watauga County Agricultural Advisory Board, which recommended that the Town of Boone “reconsider, reevaluate or discontinue the proposed action.” This recommendation, though, didn’t sway the Town of Boone – as it continues with the project that is expected to go to bid before winter.

The complaint notes that the Coopers are seeking a judgement that declares prior closed-session meetings and actions to condemn the property violated the state’s open meeting laws; dismisses the condemnation filings of the Cooper property and others on Sept. 16, 2015; lawyer/court fees; and more.

High Country Press is reaching out to the town, officials and staff for comment.

See the entire complaint here and attached docs:

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