Fayette County's

motion to dismiss a request for mandatory mediation of its tax equity

dispute with local cities is scheduled to be heard in Superior Court Friday.

Lawyers for

the three cities involved in the dispute Peachtree City, Fayetteville

and Tyrone are asking that the judge assigned to the case, Ben J. Miller,

appoint a senior, visiting judge who would then appoint a special mediator

to settle the cities' contention that their residents are overtaxed for

the services they receive from the county.

County attorneys

will argue that there's no need to appoint a senior judge and will ask

Miller to dismiss the case.

State law requires

that cities and counties develop joint service delivery strategies that

ensure that taxpayers aren't double taxed taxed by both city and county

for the same government services.

Leaders in

the three cities have maintained that their residents pay several million

dollars a year more in taxes than they receive in services from Fayette.

County leaders argue that, if anything, the reverse is true.

Talks aimed

at ironing out the dispute broke down late last year, and cities filed

the request for mandatory mediation prescribed in the law.

But Fayette's

attorneys filed the motion to dismiss that request, pointing out that

the county and cities have filed a joint service delivery strategy that

has been approved by the state, and that agreement expires in a little

over a year. The tax equity dispute should be taken up as part of hammering

out a new strategy once the old one expires, they argue.

"Why do

it twice?" said County Attorney Bill McNally.

Miller is expected

to hear arguments from both sides Friday and rule at a later date. The

hearing is scheduled for 9 a.m. at the Fayette County Courthouse.

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