Friday, November 9, 2001
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Friday, November 9, 2001 |
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County ponders next move in tax equity dispute By DAVE
HAMRICK
Fayette County commissioners and county attorneys were expected to discuss their options in executive session Thursday night (after press time) now that senior Judge Stephen Boswell has handed the county its second legal loss in as many weeks. "It's the best possible outcome we could have hoped for," said Barry Amos, town manager of Tyrone, which also prevailed over the county in the first round of a court battle last week over the town's plans to buy sewer capacity from the city of Fairburn. Boswell this week ruled in favor of the cities of Peachtree City, Tyrone and Fayetteville, ordering mandatory mediation of the long-standing tax equity dispute between the county and the three cities. The cities claim their residents pay more in taxes than they receive in services from the county, to the tune of about $2 million a year. Under a state law that requires counties and cities to work together to eliminate duplication of services and save taxpayers money, the cities earlier this year filed the request for mandatory mediation. County attorneys asked that the request be dismissed, arguing that a joint service delivery strategy was agreed to by all parties in 1999, and settles the tax equity issue. County officials contend that there is no tax inequity, and if anything it's residents of the unincorporated areas of the county who are short-changed. Boswell denied the county's motion this week, agreeing with Peachtree City Attorney Rick Lindsey's argument that state law requires mediation of the dispute. Lindsey said the state law requires cities and counties to make sure that city residents are not paying for services primarily provided to residents of the unincorporated county. That situation exists, he argued, and therefore, "If we don't go back and revisit this, then the cities and the county are violating the law." Boswell said Wednesday he will talk to the lawyers for the county and cities before choosing a mediator to handle the dispute. Meanwhile, the county may file an appeal of this week's action, said assistant County Attorney Dennis Davenport, but if it does, Boswell will have sole discretion to decide whether the appeal can go through to a higher court. Commissioners are expected to discuss the matter in a private meeting with attorneys tonight. "We have to figure out what our options are," said commission Chairman Greg Dunn. "We certainly would have preferred the other judgment," he said, but added that the setback doesn't necessarily mean the county will ultimately lose. "It has nothing to do with the ultimate outcome of that caes," he said. City leaders say they are ready to get the matter into the hands of a mediator and get it settled. Peachtree City Mayor Bob Lenox said he feels the city is willing to settle the issue "with some professional assistance." "It's a crying shame we had to go through all this effort to have a conversation with the county," Lenox said. Lenox added that he couldn't imagine the judge allowing the county to have its way on the matter, especially since the three cities involved comprise over half of the county's total population.
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