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September 04, 2015
Clayton yet to pay legal fees, but will not appeal
by Mat Payne
Dec 05, 2013 | 0 0 comments | 18 18 recommendations | email to a friend | print
As of Wednesday morning Clayton had not paid the attorney fees for the Rabun County Board of Commissioners and the five other municipalities involved in a lawsuit it brought earlier this year.

An Oct. 28 order by Senior Judge Grant Brantley stated that Clayton must pay $40,000 to the county and $3,752.61 to the other cities involved in the lawsuit, with a 30-day window for the city to appeal. The legal action centered around the payment of revenues from Special Purpose Local Option Sales Tax (SPLOST) collections.

County commissioner Jimmy Loudermilk said there had been discussion to accept a lesser amount but commissioners had ultimately decided against it.

“We’re not going to accept any less than that,” Loudermilk said. “We weren’t the ones who started this. We need to be paid in full.”

According to Clayton City Attorney Mitch Baker the 30-day window was not a deadline for the city to pay the other parties but to appeal.

“So technically from the end of that 30 days is when those entities could try to collect,” Baker said.

Clayton City Manager Cissy Henry said the city’s liability insurance would pay the $43,725.61

Baker said the county and the other cities would be receiving payments within the upcoming week.

“The checks are on the way to me,” he said. “It should be paid within the next week.”

With the money coming from the city’s liability insurance, city treasurer Kathy Allen said that it would affect the premium cost paid by the city.

“Our premium will probably go up either way,” Allen said. “If our insurance company pays that out they’re just $19,000 short of the premium for the year.”