North Carolina judges side with Governor Pat McCrory in fight with legislature
RALEIGH (WTVD) -- A three-judge panel has sided with Gov. Pat McCrory and two of his predecessors in ruling the General Assembly violated North Carolina's Constitution by creating three commissions for which several members are appointed by legislative leaders.
The Superior Court judges ruled Monday the legislature was wrong last year in how it assembled the membership of the Coal Ash Management Commission, which is overseeing the closure of Duke Energy's coal ash dumps. The ruling also struck down the membership of two other panels set to start up this summer - the Oil and Gas Commission and the state Mining Commission.
The judges wrote in their decision that the commissions' powers and duties are executive in nature. That means the legislative appointments cross the line into the powers of the executive branch.
In a joint statement after the ruling, Senate Leader Phil Berger (R-Rockingham) and House Speaker Tim Moore (R-Cleveland) said they were disappointed in the ruling and plan to appeal.
"The trial court's new interpretation of the constitution represents a dramatic shift in the historical constitutional balance between the three branches of government, with implications reaching far beyond the three independent boards named in the lawsuit."
Governor Pat McCrory said in a statement the ruling defends the state constitution.
"This historic and unanimous ruling respects and restores the separation of powers," said Governor McCrory. "I'm proud to stand up for our Constitution and the citizens of North Carolina. I'd like to thank former Governors Jim Martin and Jim Hunt for joining me in this effort to protect the principles of our state."
The Associated Press contributed to this report
