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Village Vision News

Village seeks to resolve taxation issue in court

Thursday, January 13, 2011

The Village will become a plantiff by moving forward in litigation in an effort to resolve a library taxation issue. Village Administrator Heather Kimmons will seek co-plantiffs from areas north and south of Weaver Road and west of Oakland Avenue.

“Trustees have expressed a strong interest in pursuing this [litigation] ... we will ask the court to order the Macon County Clerk to remove these areas from the Barclay Library taxation district,” Kimmons said.

By mid-February, she hopes to have signed on several plantiffs, at least one representing each of the annexed areas involved.

“Plaintiffs will be asked to sign a representation agreement, with the Village paying all of the legal costs incurred,” Kimmons said. She explained that a writ of mandamus will be sought. Such a writ issues from a court of superior jurisdiction, ordering an inferior court, body or public official to perform or refrain from performing a particular act, the performance or omission of which is required by law.

More than 100 Forsyth property owners must pay tax bills in support of Warrensburg’s Barclay Library. More than a year ago, efforts were initiated to settle the matter without seeking court intervention, but those efforts were unsuccessful.

The taxation issue surfaced in the summer of 2009 during a review by the Forsyth Library Committee. Head Librarian Jean Campbell said committee members discovered that owners of 51 residences in Hickory Point Estates subdivision and 53 residences west of Oakland Avenue in Schroll Pointe Estates and Natures Way subdivisions pay property tax to the Barclay Library District.

Removal of these residences from the Barclay Library taxation district will not profit Forsyth, as the Village does not levy taxes for its library. Kimmons said trustees reviewed past legal efforts and expenditures during several recent closed sessions before deciding that litigation is in the best interest of the Village. “It’s the right thing to do,” she said.

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