Tax equity dispute headed to court Thursday

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Tax equity dispute headed to court Thursday

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That on-again/off-again

tax equity lawsuit hearing is on again for this Thursday.

The dispute

involves substantial sums of money. Some estimates hold that Peachtree

City residents are paying just under $2 million more for services than

they receive from Fayette County, though the county disputes the claim,

and similar estimates in the hundreds of thousands of dollars exist for

Fayetteville and Tyrone.

Following a

recent pretrial conference, senior Judge Stephen E. Boswell of Jonesboro

set the hearing for Thursday at 4 p.m. in Fayette Superior Court. Boswell

was assigned to the case recently after Fayette Judge Ben Miller recused

himself.

County attorneys

will argue for dismissal of a request for mandatory mediation from Peachtree

City, Fayetteville and Tyrone. If their motion to dismiss is denied, Boswell

will appoint a mediator to seek an arbitration of the dispute.

Leaders in

the three cities involved Fayetteville, Peachtree City and Tyrone claim

that their residents are paying more in taxes to Fayette County than they

receive in services. County leaders say if anything, the opposite is true.

Under recent

state law, counties and cities are required to develop joint strategies

for delivery of service to avoid double taxation and reduce the cost of

government, and the statute also provides for mandatory mediation when

counties and cities can't agree.

But county

leaders argue that Fayette and its cities already approved a joint service

delivery strategy almost two years ago, and mediation of the tax dispute

should come only after that agreement expires.

That will be

in a matter of months. "Why do it twice?" said County Attorney

Bill McNally.

But city leaders

point out that the county and cities failed to reach consensus in key

areas that involve the tax equity dispute, and the formal agreement has

specific language that calls for continued negotiation.

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