Lincoln County, unhappy with the April ruling that Maiden’s lawsuit against it would remain in Catawba County, has filed an appeal in hopes of reversing the decision.

Maiden filed the lawsuit on Dec. 4, 2007. It stems from a 1995 contact between Lincoln County and Maiden in which Maiden was asked to provide sewer service to the newly formed Lincoln County Industrial Park, Maiden Town Attorney Randy Isenhower said in December.

Although there was no stipulation of a time limit on the contract, Lincoln County now wants Lincolnton to provide service, and the city completed its own line to the park earlier this year.

Originally, Maiden filed the lawsuit against Lincoln County and Lincolnton for breach of contract.

In April, Catawba County Superior Court Judge Nathaniel Poovey split the lawsuit over county lines after Lincoln County Attorney Jeff Taylor filed for a change of venue. Poovey’s ruling was that the lawsuit against Lincolnton would be moved to Lincoln County, while the legal debate with Lincoln County would remain in Catawba County.

Isenhower said Maiden has since dismissed its lawsuit against Lincolnton and is focusing on Lincoln County, since it initiated the change in service providers. However, Taylor filed an appeal this week challenging Poovey’s decision not to move Maiden’s case against the county.

Isenhower said the next step is for each side to submit a brief explaining their argument to the Court of Appeals in Raleigh. He said there, a panel of three judges will make a decision.  

One of three things could happen: the panel could affirm the previous ruling by Poovey and keep the case in Catawba County, it could reverse the decision and move it to Lincoln County, or it could rule there is not enough evidence. If the latter happens, Isenhower said there would be another hearing on the case in Catawba County.

“I don’t think it should change,” Isenhower said.  “It’s always hard to put chances on things, but I think the judge (Poovey) carefully considered all arguments (before making his ruling).”

Legally, the case can be held in either county where one of the parties is located.

Since Maiden began providing sewer service in 1996, Lincoln County Industrial Park has grown from a 300-acre vacant lot to one that hosts 10 large corporations, including Crate & Barrel and Cataler.  Together, the park customers generate an annual average of $149,000 for Maiden, and losing that revenue would be a substantial financial blow to the town, Isenhower said earlier.

The town is also nearing completion of its new wastewater treatment plant, which was designed to accommodate continued service to the industrial park.