Fayette County has given up

its attempts to halt court-ordered mediation of a tax equity dispute with

three cities.

But since the results of the

mediation aren't binding, the matter could wind up back in Superior Court.

"It seems like that's

the best way to go," said Dennis Davenport, assistant county attorney.

The decision was made "after consulting [with county commissioners]

and looking at the pros and cons," he said.

Senior Judge Stephen Boswell

will name a mediator to try and come to a meeting of the minds between

Fayette and the cities of Fayetteville, Peachtree City and Tyrone.

Boswell last week ruled in

favor of the cities, denying the county's motion to dismiss their request

for mandatory mediation under House Bill 489, the 1997 state law requiring

counties and cities to make sure their residents are taxed only for the

services they receive.

"It's the best possible

outcome we could have hoped for," said Barry Amos, town manager of

Tyrone, following Boswell's ruling.

In a sometimes rancorous difference

of opinion that has lasted more than two years, 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. County leaders say just the opposite

is true residents of the unincorporated area may be subsidizing services

for city residents.

Following a series of heated

debates in joint meetings with city officials, county leaders late last

year called a halt to the discussions, saying they had given their final

answer. "There is no tax inequity," they said.

Under HB 489, the cities earlier

this year filed the request for mandatory mediation, saying the law requires

that the dispute be settled.

After ruling that they are

correct, Boswell said he will talk to Davenport and Rick Lindsey, the

city attorney for Peachtree City who has been arguing the cities' case,

before choosing a mediator.

"Rick and I will offer

a name or two," said Davenport, "and he can take our suggestions

or appoint one of his own.

"Then we go from there."

Going from there will require

that, once the mediator is appointed, the county and cities begin negotiations

within 30 days, and conclude within 60 days after that.

"We certainly would have

preferred the other judgment," said County Commission Chairman Greg

Dunn.

But, said Davenport, "It

seemed to be best to go into mediation, and get to an end result."

City leaders say they are ready

to get the matter into the hands of a mediator and get it settled.

"We've wanted to sit down

with the county and discuss the issues, and at least mediation will allow

us to do that," said Joe Morton, Fayetteville's city manager.

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.

Back

to News Home Page |