Plaintiffs in a lawsuit about developing land around the Columbus Public Library into a park want to take their fight to the Georgia Supreme Court.
David Rothschild, and others, filed Tuesday their notice of intent to petition the high court in the case that they've continually lost in the Muscogee County courts and Georgia Court of Appeals. Josh McKoon, an attorney for the plaintiffs, drove to Atlanta to file the two-line notice of intent, which he said will be followed up in a few days by the actual petition.
"There really was no room for compromise," McKoon said.
A resolution in the case could have come out of the Muscogee County School Board's May 13 meeting, when McKoon said a 19-acre park was included in a plan for the land. He thought the board was going to vote on it, but instead he said that version of the plan didn't make the cut.
The suit, filed July 26, was an attempt to make the government spend $6.1 million of Special Purpose Local Option Sales Tax money on a park plaintiffs claim was promised to voters in the 1999 campaign for the tax. Judge Doug Pullen ruled Aug. 29 that the plaintiffs had no standing to bring the suit against the city, school board and library board.
That decision was upheld April 25 by a three-judge panel of the appeals court. The full court declined in May to review their ruling.
"We're disappointed that they've filed a writ," said City Attorney Clifton Fay. "Taxpayers who voted for the SPLOST deserve to have the project completed."
McKoon said the high court has the option of hearing the case. If it does, it will likely issue questions and potentially hear oral arguments.
If it declines to hear the case, it will end there, McKoon said.
A decision on whether to hear the case is expected by McKoon in July.