A lawsuit has been filed against a county government, accusing it of unconstitutional actions that have harmed vulnerable residents and their care providers. On February 2, 2026, Jennifer Horton and Living Waters, LLC filed a complaint in the United States District Court for the Western District of North Carolina against Buncombe County. The plaintiffs allege that the county unlawfully terminated and obstructed State-County Special Assistance benefits to disabled and elderly residents of licensed adult care homes.
Jennifer Horton, owner/operator of Living Waters Enterprises, LLC, which operates several licensed adult care homes in Buncombe County, claims that the county’s actions resulted in financial harm to her business and jeopardized the well-being of low-income residents eligible for assistance. The complaint outlines several accusations against Buncombe County, including terminating or suspending benefit payments without due process, misapplying state statutes to retroactively deem residents ineligible based on Horton’s elected office status, and defying state directives ordering reinstatement of benefits. “The deprivation of benefits lacked any legal foundation,” states the complaint.
The plaintiffs argue that Buncombe County’s interpretation of N.C. Gen. Stat. § 108A-47 was excessively broad and legally incorrect. They assert that this statute was never intended to penalize residents or terminate benefits without due process but rather to prevent direct personal enrichment of public officials through state-funded payments. Despite divesting ownership to comply with regulations, Horton claims the county continued to obstruct benefit applications and misinterpret laws.
The plaintiffs are seeking compensatory, nominal, and punitive damages along with declaratory relief to restore their rights and ensure monetary recovery. They also demand a declaration from the court confirming that conflicts-of-interest statutes do not permit retroactive or categorical deprivation without due process.
Representing Jennifer Horton and Living Waters are attorneys Brian W. King, Nicholas A. White, and Alex T. Jordan from King Law Offices PC in Asheville, North Carolina. The case is presided over by an unnamed judge under Case ID 1:26-cv-00035.
Source: 126cv00035_Horton_v_Buncombe_County_Complaint_Western_District_North_Carolina.pdf
