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Clay County half-cent sales tax debate goes before judge

A lawsuit filed by the Clay County School Board took another step in court Friday.

Judge Steven Whittington will soon decide when a vote could be held to fix aging schools in Clay County.

On Friday, lawyers representing the Clay County School Board and the County Commission argued over the interpretation of a law allowing the County Commission to place a half-cent sales tax on a special referendum in 2019.

County commissioners say voters would have more time to make a decision on their vote if it was held in 2020.

The school board feels that voters will have plenty of time to make a decision on the half-cent sales tax.

"They have time to be educated about their vote, period," Clay County School Board chair Carol Studdard said.

She says the people of Clay County will be educated on the half-cent sales tax to fix schools and build new ones.

On Friday, attorneys plead to the judge about the interpretation of a law that says the county commissioners shall hold a special election for a half-cent sales tax.

County Attorney Courtney Grimm argued the writ of mandamus and asked the county to explain their decision to delay the vote until next year should be denied.

The writ of mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

The School Board's attorney, Jon Moyle argues the board has a right to decide when the half-cent sales tax would be up for a vote.

"By holding it before January 1st this year, it's a special election that'll be sparsely participated in, maybe 10 or 15 percent of voters and we don't think that's right," County commission chair Mike Cella said.

Cella hopes there can be a peaceful end to this battle.

"I don't think we have an opportunity between the two boards to hold a grudge because we have to work for the better of the community so I hope we can get past it and move on," Cella said.

Fixing schools is a priority for both groups. The school board feels the time to make that fix is now.

“I think the first thing the school board will do is an education piece and show the voters where this money will go," Studdard said. "We have a whole program ready to go to show the voters where the money is going so I think when they see that, yes they will support it."

Judge Whittington says he will issue a ruling on the issue by the end of next week.

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