May 22nd, the polls will open allowing voters to decide on a 1/4 cent sales tax increase that would benefit public transportation in Washington County, but Thursday the group "Citizens for Effective Transit" and Fayetteville attorney Coleman Taylor filed a petition for an injunction, looking to stop that transit tax vote. The lawsuit claims the process of getting the issue on the May ballot was done incorrectly by the Washington County Quorum Court.
Coleman Taylor said, "To stop the vote on the transit tax in Washington County."
"It's the highest possible tax that a county government can put before a vote to the people."
Quorum Court Justice of the Peace Barbara Fitzpatrick said, "They say that the tax, the transit tax, is an improper tax."
"They want it off the ballot, they want all of us that have already voted in early voting, they want it thrown away, they want if off the ballot."
One major issue the suit mentions is the number of Justices of the Peace that gave the nod to the tax vote.
Taylor said, "The statute requires three fifths of the Quorum Court to approve a measure of this magnitude, three fifths of 13 is 7.8, it's not 7."
But Fitzpatrick disagrees, she says the night it was approved the court okayed it 7 to 4 with two J.P.s absent, "If you do this on 3 readings, then its a simple majority."
"We followed all of the procedures, we were very careful to follow all of the procedures, because this is important, its important that any tax go before the people."
The lawsuit is asking for a hearing before a Washington County Judge in the next 5 days, until then voters still have the chance to early vote on the transit tax at the Washington County Courthouse.