Attorneys for local governing

bodies argued in court last week that open meetings laws weren't violated

when they met in closed mediation discussions that began last year over

alleged tax inequities.

But an attorney for The Citizen

countered that the law which required the mediation to take place does

not specify the talks should be done in secret.

"The legislature did not

say they (the mediation hearings) had to be private," said Citizen

attorney Don Johnson.

The two sides argued before

Fulton County Superior Court Judge John S. Langford Thursday, but a ruling

may not be forthcoming for weeks. Attorneys for Fayette County, Peachtree

City, Fayetteville and Tyrone are seeking for the case to be dismissed.

The mediation talks were ordered

a defendant in the open meetings action. In his December 14 order, Boswell

restrained all parties from talking about the negotiations until the case

is resolved.

The mediation was ordered as

the cities filed a complaint against the county, alleging that its citizens

pay for certain county services they don't receive. The amount of tax

funds allegedly in question total over $1 million.

"Taxing issues affect

every citizen in the county," Johnson told the court, adding that

the "gag" order from Boswell "is unlawful in respect to

the open meetings act."

Peachtree City City Attorney

Rick Lindsey said the mediations have since ceased with no resolution,

and therefore there is no relief available to The Citizen. He added that

mediation was extended after The Citizen filed its suit on the matter

in January.

Also, Superior Court rules

require mediation talks to take place in secret, Lindsey said.

"The parties had no choice

but to go through mediation," Lindsey argued.

This is interesting and, to

me, cutting edge stuff," Langford said.

The cities and county argue

that the only time a quorum was present from each agency was at the initial

mediation hearing, as required. Subsequent meetings were attended by individual

representatives including council members, commission members and their

respective staff and attorneys, they have indicated in court briefs.

Michelle Youngblood, an attorney

representing the city of Fayetteville, said the initial mediation gathering

was "merely procedural to set up the framework so the actual mediation

could be conducted."

"No one present was authorized

to take any official action on behalf of the parties," Youngblood

said.

Phil Grant, an attorney representing

Fayette County officials, said the county had hoped to avoid mediation

entirely but was forced into the matter by the cities.

"To say that these meetings

had to be public is, say, an extreme step," said Brad Sears, an attorney

representing Tyrone officials.

Earlier this year, an injunction

was issued against the county and cities, ordering them to refrain from

participating in more secret mediation hearings.