H2GO holds off on agreement with Leland, votes down dropping lawsuit

LELAND, NC (WWAY) – H2GO commissioners will not drop a lawsuit against Belville.
That was decided during Monday night’s regular meeting.

Commissioners were initially expected to debate an agreement sent by Leland town officials to H2GO. It would allow the utility the use of the town’s new lift station off Hewlett Burton Road. The purpose for this would be to help H2GO’s operations to handle sewage from the Snee Farm, Stoney Creek and Grayson Park neighborhoods.

This agreement was sent to H2GO staff by Leland staff according to H2GO spokesman Tyler Wittkofsky. The agreement comes with a series of costs H2GO must agree with. The town would charge H2GO for the use of the sewer lines connection in accordance to typical county connection rates as well as an additional 5% charge.

The agreement also sets new boundary lines the water and sewer district must agree to solely operate within for the next 20 years. Town of Belville spokesman Mike McGille tells WWAY’s Andrew James that the town did send a letter to the attorneys for H2GO prior to Monday’s meeting in regards to the agreement. McGill says Belville’s attorneys do believe the potential agreement would violate a judge’s orders in the case.

Chairman Jeff Gerken, at Monday’s meeting, said the attorneys involved in the lawsuit alongside Leland against Belville had not reviewed the agreement. He felt the board needed to table it for so that the attorneys may review it.

A map of the designated boundary laid out in the potential agreement between Leland and H2GO (WWAY/H2GO)

Also at Monday’s meeting commissioner Rodney McCoy brought a resolution down for the commission to drop its lawsuit against Belville. It was voted down 3-2.

McCoy cited a judges August 15th decision for his reasoning to end the litigation. The decision from that judge dismissed two claims. One being the a claim for relief By Leland and H2GO that sought a declaration that the entire transfer of assets to Belville was void because they involved an alleged illegal debt transfer that violated state statues. The judge also dismissed the claim by H2GO to keep Belville off of the title of property that was given over when commissioners approved the asset transfer.