Judge dismisses claims in H2GO case

BRUNSWICK COUNTY, NC (WWAY) — A Brunswick County superior court judge has dismissed two claims in a case involving the transfer of assets last November between H2GO and the town of Belville.

Since December, there’s been an ongoing legal fight stemming from a move by the H2GO outgoing board to transfer the water provider’s assets to Belville in an attempt to keep the reverse osmosis plant project moving forward.

Meanwhile, the town of Leland filed an injunction claiming it would be harmed by the agreement between H2GO and Belville.

According to a statement released by Belville spokesman Mike McGill, Superior Court Judge Charles Henry ruled Wednesday to dismiss two parts of an amended complaint filed by Leland and H2GO.

The judge’s first dismissal, McGill said, “involved the seventh claim for relief by Leland and H2GO seeking a declaration that the challenged resolution, putative transfer and putative agreements are void because they involved an illegal debt transfer violation of NC Gen. Stat. Chapter 159, Article 8.”

Judge Henry also dismissed the eleventh claim for relief by H2GO to quiet title. In other words, H2GO alleged the deed transfer to Belville last year wasn’t properly executed and that all assets should be transferred back from Belville to H2GO.

McGill reports that in Judge Henry’s comments, he reiterated his decision “expresses no opinion as to the legality of the resolution passed by the defendant, H2GO, the transfer of H2GO’s property and the debt to the defendant, Town of Belville, or the agreements entered into between Belville and H2GO.”

“We appreciate the determination of the court,” said Belville Mayor Mike Allen. “We look forward to moving forward with our effort to serve the public interest and provide safe, clean water to our citizens.”

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