Fayette County

commissioners and county attorneys were expected to discuss their options

in executive session Thursday night (after press time) now that senior

Judge Stephen Boswell has handed the county its second legal loss in as

many weeks.

"It's

the best possible outcome we could have hoped for," said Barry Amos,

town manager of Tyrone, which also prevailed over the county in the first

round of a court battle last week over the town's plans to buy sewer capacity

from the city of Fairburn.

Boswell this

week ruled in favor of the cities of Peachtree City, Tyrone and Fayetteville,

ordering mandatory mediation of the long-standing tax equity dispute between

the county and the three cities.

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. Under a state

law that requires counties and cities to work together to eliminate duplication

of services and save taxpayers money, the cities earlier this year filed

the request for mandatory mediation.

County attorneys

asked that the request be dismissed, arguing that a joint service delivery

strategy was agreed to by all parties in 1999, and settles the tax equity

issue. County officials contend that there is no tax inequity, and if

anything it's residents of the unincorporated areas of the county who

are short-changed.

Boswell denied

the county's motion this week, agreeing with Peachtree City Attorney Rick

Lindsey's argument that state law requires mediation of the dispute. Lindsey

said the state law requires cities and counties to make sure that city

residents are not paying for services primarily provided to residents

of the unincorporated county.

That situation

exists, he argued, and therefore, "If we don't go back and revisit

this, then the cities and the county are violating the law."

Boswell said

Wednesday he will talk to the lawyers for the county and cities before

choosing a mediator to handle the dispute.

Meanwhile,

the county may file an appeal of this week's action, said assistant County

Attorney Dennis Davenport, but if it does, Boswell will have sole discretion

to decide whether the appeal can go through to a higher court.

Commissioners

are expected to discuss the matter in a private meeting with attorneys

tonight. "We have to figure out what our options are," said

commission Chairman Greg Dunn. "We certainly would have preferred

the other judgment," he said, but added that the setback doesn't

necessarily mean the county will ultimately lose.

"It has

nothing to do with the ultimate outcome of that caes," he said.

City leaders

say they are ready to get the matter into the hands of a mediator and

get it settled.

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.

Lenox added

that he couldn't imagine the judge allowing the county to have its way

on the matter, especially since the three cities involved comprise over

half of the county's total population.