Here’s the Georgia Supreme Court’s own video of
S13A0992 Turner County v. City of Ashburn et al.
Tuesday, June 4, 2013.
It starts with the attorney for Turner County, Walter Elliott
(who is also Lowndes County Attorney)
apparently arguing that the courts shouldn’t intervene because
only legislative bodies should decide on taxes.
The judges didn’t seem to understand his argument.
One judge wondered how disputes would be settled then. Elliott said the local elected bodies would decide or the tax wouldn’t be levied. Another judge pointed out that legislative bodies could delegate administrative functions. Later the same judge asked how to distinguish this case from a child custody case as far as criteria and a court being able to decide. Elliott claimed that was a judicial function, but allocating tax dollars was not. The judges didn’t seem to be buying the city attorney’s argument later, either.
Funny how the Supreme Court of Georgia videos its sessions, but the Lowndes County Commission does not.