Small Town News

County gets win in border battle

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Monroe County appears to have won a procedural battle in the dispute over the Bibb County line.

The office of secretary of state Karen Handel on Friday asked that the county line dispute be removed from the jurisdiction of administrative law judge Michael Malihi and instead be reassigned to a special assistant administrative law judge. County commission chairman James Vaughn said he thinks that means the special assistant won't have the same powers as Malihi.

Handel's request to Chief State Administrative Law Judge Lois Oakley is likely | to be accepted since Handel's office had originally requested the appointment.

"I'm pleased this is working out this way," said Vaughn.

Monroe County had asked Handel on Sept. 29-30 to re-consider her assignment of the case to Malihi. The county's lawyers argued that political boundaries are set by the legislature and are therefore not subject to a court proceeding or a civil lawsuit.

The protests came after Judge Malihi twice tried to subpoena state-appointed surveyor Terry Scarborough for a deposition with Bibb County attorneys. Scarborough has refused and still hasn't been paid by Bibb County six months after he submitted his survey

Monroe County had also asked Handel's office to establish the rules for the two counties as they, .. ? approach the hearing on their dispute. In response, Friday's request said the secretary of state's office will set those rules for findings of fact, procedure; for a preliminary hearing and parameters for selecting a special assistant judge in «me week, or by I this Friday.



Copyright 2009 The Monroe County Reporter, Forsyth, Georgia. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from SmallTownPapers, Inc.

© 2010 The Monroe County Reporter Forsyth, Georgia. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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