A visiting

judge will decide whether to dismiss three Fayette cities' request for

mandatory mediation of their tax equity dispute with Fayette County.

Fayette Superior

Court Judge Ben Miller Friday bowed out of the case, citing the fact that

he receives part of his salary from Fayette County.

"I'm technically

an employee of Fayette County," Miller said before taking himself

off the case.

Miller directed

that a visiting judge be appointed and given the task of appointing a

mediator to hear the dispute, as provided for by a state law that requires

local counties and the cities within them to develop joint strategies

for collecting taxes and delivering services.

County attorneys

will ask the visiting judge instead to dismiss the case.

The aim of

the state law governing this issue is to improve efficiency and eliminate

double taxation.

City leaders

in Peachtree City, Fayetteville and Tyrone are claiming that their residents

are double taxed taxed by the county for services they are already taxed

for and receive from the cities. The law provides for mandatory mediation

of such disputes.

But assistant

County Attorney Dennis Davenport filed a motion asking that the request

for mediation be dismissed because Fayette and its cities filed a joint

service delivery strategy two years ago. That plan expires in a year,

and Davenport argues that the proper course is to wait until then, and

enter into mediation if the county and cities can't agree at that point.

As soon as

a visiting judge is appointed to hear the case, Davenport will re-file

that motion and the visiting judge will likely consider that argument

first, then move forward with mediation only if the dismissal motion is

denied.

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