County will appeal ruling on road taxes

The legal battle between the Cape Girardeau County commissioners and the city of Jackson continues.

In a closed session meeting Monday, Cape Girardeau County commissioners unanimously decided to appeal a ruling by Associate Circuit Judge Byron Luber of Caruthersville, Mo., that would have the county pay $471,904 to the city of Jackson for road and bridge funds.

Luber's decision, made public last week, agreed with the city of Jackson that the county owes the city money for road and bridge funds that the county has been collecting since 1997, when the county obtained first-class status. According to the decision, the county should have spent 25 percent of the road and bridge funds it collected from Jackson on roads and bridges within the city.

"We feel like there were some errors that should be appealed," said Presiding Commissioner Gerald Jones. "Our only course of action was to pay up or file an appeal. It was an easy decision."

Not only do the commissioners feel that they do not owe the city of Jackson tax money, they also believe Luber's decision to make them pay seven years' worth of tax money ignores the statute of limitations and that, at most, they should only be penalized for the last five years.

The commissioners also believe the Jackson assessment figures the $471,904 judgment was based on are inaccurate and that Luber's judgment is in conflict with the county's budget law that states all expenditures must be justified every year before being approved.

The commissioners have until Thursday to file an appeal with the Court of Appeals Eastern District. Jones said he has no idea when the case might reach the courts but that it may not be anytime soon. "The speed of the courts, especially in St. Louis, are atrociously slow," he said.

In the meantime, Jones said that an agreement between the commissioners and the city of Jackson may be worked out. The decision to appeal was made before any talks between the two groups were held because the commissioners have to meet a tight deadline to file.

Even with the appeal filed, the county must set up a special roads and bridge fund by Sept. 15, as ordered by Luber.

"We instructed our county treasurer, Bill Reynolds, to set to up a fund and the auditor, David Ludwig, to transfer funds," Jones said.

Reynolds said most of the money for Jackson's road and bridges account will likely come from the county's capital improvements fund, although the money in the account will not be made available until after a decision on the appeal is reached.

kalfisi@semissourian.com

335-6611, extension 182