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February 21, 2008
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Judge denies Boise lawsuit dismissal
By Jim Cox SA Publisher

Circuit Judge Thomas Baxter has issued an order in the Boise vs. Clarke County Board of Equalization tax case.

Baxter denied the board's motion to dismiss Boise's suit challenging the ad valorem tax assessments on the Jackson paper mill. He also ordered that the parties schedule a mediation hearing within 45 days of the Feb. 14 order. Boise had requested the previous week for the court to order mediation in an attempt to settle the case.

In mediations, a mediator, sometimes a former judge, moderates discussion between opposing parties in an attempt to reach a settlement outside of the judicial system.

Judge Baxter said Boise and the equalization board should agree on the mediator jointly. "In the event the parties cannot agree upon a mediator, the parties shall notify the court promptly and the court shall appoint a mediator and set a date for the mediation."

He also ordered that the cost of the mediation would be the responsibility of Boise.

Boise contended that its 2006 tax assessments on parts of the Jackson paper mill were too high. The Clarke County Board of Equalization upheld the assessments and Boise filed suit in Clarke County Circuit Court.

The tax revenue is significant and because the matter is in dispute, Boise has not paid any of its taxes, which has caused a hardship for local governments, including the Clarke County Commission, the Clarke County Board of Education and the Thomasville City School System.
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