Court order to delay collection of Warrior taxes until April 1

In a negotiated agreement in Blount County circuit court last Thursday, representatives from the Blount County district attorney’s office and the city of Warrior agreed to delay tax collection in Warrior’s police jurisdiction until April 1. Tax collection according to ordinance #2009 – 04, passed by the Warrior Town Council on Dec. 7, was scheduled to take effect Feb. 1.

Arguments on the substantive merits of the case are ongoing; a hearing on those issues is scheduled March 16 in Circuit Judge Steven King’s court.

In a briefing for interested citizens held in his office following the agreement, District Attorney Tommy Rountree made the following points:

•Warrior conceded the Blount County district attorney has the authority to represent citizens of Blount County to bring the complaint. In its motion to dismiss the Blount County suit, the town argued that the petitioner is “acting beyond the allowable powers of the district attorney of Blount County.”

•According to Warrior, Blount County circuit court is an improper venue for the complaint, because Warrior is located in Jefferson County and because the acts alleged in the complaint – passage of the tax ordinance – occurred exclusively in Warrior, in Jefferson County.

•Remaining to be decided, according to Rountree, are four questions: (1) is the tax legal, (2) is it constitutional, (3) is Warrior providing any services in the Blount County portion of its police jurisdiction, and (4) is it required to do so in order to collect the tax.

•Judge King will also rule on proper venue for the suit on March 16, Rountree said.

The agreement reached Thursday was incorporated in a written statement, which will become a court order when signed by King. Changes said to be minor were being made by attorneys representing Warrior, then the agreement is to be returned for King to sign. As of Tuesday noon, the agreement had not been returned by Warrior attorneys.

The controversial tax ordinance passed on Dec. 7 has infuriated residents of west Blount County, setting in motion both a boycott of Warrior businesses, and an effort to annex into the town of Hayden by those subject to the ordinance, as well as by others fearing future Warrior actions. The Warrior tax cannot be collected inside the corporate limits of another municipality.