breaking news
A Washington County judge has dismissed the injunction filed against the transit tax increase issue.
Earlier this week an injunction was filed by attorneys for Fayetteville resident Coleman Taylor, claiming Tuesday's transit tax vote should be stopped because it was incorrectly sent to the people by the Washington County Quorum Court.
Then in a hearing Friday morning, circuit judge Chadd Mason heard arguments from both sides. The hearing lasted less than 2 hours.
Toward the end of the hearing, Judge Mason said, "It's a slippery slope that you're asking me to go down, because if a court can do this in the middle of an election, where does it stop."
"I know this is incredibly important to our community."
Judge Mason said he wasn't happy about the lack of time given to the court, "And I've got real concerns about your client, who doesn't even go to these meetings, doesn't even take the time to be involved in the process, coming in here six days before this election, asking me to essentially take a real big step, and that's concerning."
It was a time crunch that was difficult on both lawyers.
Colin Johnson represented Coleman Taylor, he said, "If we could've been doing this earlier we would have liked to have. I think it's a fair question from the Judge putting the court and everybody in a difficult position. But we feel the arguments have merit."
"Citizens and residents have, I think, the obligation to try to hold governmental entities to the rules that apply to them, and like I asked the Judge, 'If a resident or a citizen is not going to do that, who is?'"
George Butler is a lawyer for Washington County, he said, "It consumed everything, I had to drop everything, cancel any personal plans I had, and tend to it."
Late Friday afternoon Judge Mason entered his opinion, ruling to dismiss the claims by Coleman Taylor. In the opinion, Mason pointed out that early voting has been underway for a week and with election day just days away there was "no choice but to allow the election to continue and leave the parties available to post-election relief."
Coleman has responded to the opinion, saying if the vote passes, the issue might continue.
For more on this story click here.
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