Jackson sues for tax funds held by county

The city of Jackson filed a lawsuit against the Cape Girardeau County Commission and county treasurer Tuesday seeking nearly $472,000 in road and bridge taxes that the city claims it should have received since 1997.

The suit is the peak of a legal disagreement that has been brewing for at least 16 months, when the county and city sought an opinion from the attorney general's office.

The city's writ of mandamus petition will ask the court to force county officials to pay back tax money from 1997 and start setting aside funds for Jackson and other incorporated towns in the county that are not part of the Cape Special Road District, which covers one-fourth of the county.

Citing a state statute pertaining to first-class counties without a charter form of government, city officials say 25 percent of the road and bridge taxes -- estimated at $84,500 in 2003 -- that go out of Jackson are supposed to come back into Jackson.

Part of the county's rebuttal is that a "special road and bridge tax" as stated in the statute refers only to a tax that is above what a county can legally apply with voter approval. Currently, the county is well below the upper limits of property tax collections and therefore believes it does not collect a "special road and bridge tax."

The attorney general's office sided with Jackson over the interpretation of the word "special," but the county commission disregarded the opinion, saying an opinion was not the law.

Mayor Paul Sander met with Presiding Commissioner Gerald Jones and Commissioner Larry Bock last year and tried to work out a compromise. But the commission voted not to accept any offer.

Now the county has 30 days to respond.

County prosecutor Morley Swingle, who has provided much of the county's legal advice on this matter, declined to comment specifically on the lawsuit.

"Once it reaches litigation, the matter is to be tried in a court room rather than in the media," Swingle said. Swingle added that the county will have a law firm that specializes in tax cases represent the county's case.

There is still an outside chance that the city and county could reach a compromise.

The county commission has been hardfast against settling with Jackson in the past. But Jones said he is willing to go back to discussions if he has support from the other commissioners.

Bock said Tuesday that a settlement "is always a possibility. We'd listen to any offer."

Jackson alderman Joe Bob Baker said that he and at least two other aldermen are pushing strongly for the city to meet with the commission to reach a compromise.

Favoring cooperation

Jackson officials are not the only city and township people who would like to see more cooperation with the county.

Mark Kasten, the mayor of Pocahontas, said the county does not help fund any road projects in that township, even though the road that passes through the middle of town is labeled as a county road.

"The county is never in the city limits of Pocahontas," Kasten said. "I could see a lot of advantages of working together, pooling resources. It would be great, but I can see both sides."

County treasurer Bill Reynolds, who is retiring from his post this year and running for county commission, is part of the lawsuit. The lawsuit asks the court to force the county to set up special accounts. Reynolds said he has no authority to move money without permission from the commission.

bmiller@semissourian.com

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