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

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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