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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