U. S. District Judge Terrence W. Boyle heard oral arguments yesterday (8/27) on Alcoa's motion to dismiss the case the State of NC had filed against them two years ago claiming state ownership of the Yadkin River bed. Judge Boyle quizzed lawyers for both parties for an hour as he considered his decision.
Boyle asked state attorney Donald Teeter whether the lawsuit sought to punish Alcoa for closing its Stanly County aluminum smelter in 2007 where hundreds once worked.
"Why isn't this like some banana republic that confiscates property?" Boyle said. "This is really a thinly-veiled power grab."
If the State owned the land, "Why did it take 100 years for some administration or agency to figure it out?" the Judge asked.
Judge Boyle denied the State's claim that the River was navigable at statehood, which would have given the State the right to claim ownership of the riverbed, in April. A decision on dismissing the case is expected soon.
Read the entire article at http://www.wral.com/us-judge-weighs-dumping-case-over-alcoa-dams-ri...