Judge may decide how Cumming, Forsyth County split money

CUMMING - A Superior Court judge may settle the way the city of Cumming and Forsyth County divide $275 million in sales tax money.

The county has offered the city about 4 percent of the money -- about $11.8 million.

Cumming Mayor H. Ford Gravitt and the City Council filed a lawsuit late Tuesday claiming the city should get at least $50.5 million -- or about 18 percent.

The lawsuit filed in Forsyth County Superior Court asks that the county be forced to honor the city's request or pay damages equal to the difference -- about $37.8 million.

The lawsuit also asks the court to bar the county from holding a vote on extending the current special purpose local option sales tax until the dispute is resolved.

The County Commission has called for a SPLOST referendum to be held February 5 in conjunction with the presidential preference primary.

The city contends it acted in good faith to try to reach an agreement with the county on a split of the sales tax proceeds.

A majority of the county commission voted last month to approve a split of about 96 percent for the county and 4 percent for the city, which has about 4 percent of Forysth County's population.