.From Staff Reports

ASHEVILLE,  N.C. — Buncombe County in mid-July officially denied all allegations of wrongdoing and asserted governmental immunity in response to a federal lawsuit filed against it on Feb. 2 by District 1 County Commissioner Jennifer Horton.

The dispute stems from a conflict of interest surrounding Horton’s business, Living Waters Enterprises, which operated five licensed adult care homes in the area. 

The core backstory includes the following key details:

• Termination of funding: In December 2024, the county suspended State-County Special Assistance benefits for elderly and disabled residents at Horton’s care homes. Under state law, public assistance payments cannot be made to facilities owned by county commissioners, a predicament that forced Horton to either resign her commission or divest ownership.

• Transfer of ownership: To comply with regulations and keep the funding, Horton divested and transferred ownership of Living Waters Enterprises to her father-in-law, Richard Horton.

• State vs. county disagreement: Even after the ownership transfer, Horton’s lawsuit alleges that Buncombe County staff and Board Chair Amanda Edwards obstructed her case and refused to reinstate the funding, despite being directed by the N.C. Department of Health and Human Services (NCDHHS) to do so.

• 14th Amendment lawsuit: Claiming willful defiance of state authority and personal hostility from county staff, Horton filed a federal lawsuit in the U.S. District Court for the Western District of North Carolina on February 2. She alleges that the county’s refusal to reinstate the funding violated the 14th Amendment’s due process and equal protection clauses, and caused significant operational harm to her businesses.

• The county’s response: Buncombe County responded to the lawsuit by formally denying all claims. The county contends that Horton’s lawsuit fails to state a valid claim and asserts governmental immunity. Specific county officials—including Edwards and Economic Services Director Phillip Hardin—have denied Horton’s accusations, with Hardin stating that the state “veered from policy” and that Buncombe “would not want to be responsible for any overpayments” 

Horton is a registered nurse and former assisted living business owner who was elected to the Buncombe County Board of Commissioners in 2024. 

Horton is a native of Buncombe County. She grew up in the Lytle Cove community of nearby Swannanoa and has spent her life in the valley.

She bills herself as an advocate for equity, mental health, and strong communities, with a belief in leading with compassion, courage and community.

Upon her election in 2024, Horton became the first African-American woman to serve on the county commission. She later was recognized by the Dr. Martin Luther King, Jr. Association of Asheville and Buncombe County with the Rosa Parks Award.