Wednesday, Mar. 03, 2010

Taxpayers will foot bill for legal spat

Garner leaders must think they cannot prevail in a lawsuit brought by the developers of a proposed retail and housing project outside of town. We can think of no other reason for the town to shell out thousands of dollars to study the proposed development's potential impact on Garner.

To be honest, we think the town had a shot in court. The developers claim Garner was unreasonable in denying their project water and sewer capacity. We think Garner could have made the case that it was being reasonable in reserving water and sewer capacity for property within the town and its planning borders.

Still, we suppose a $21,000 study is preferable to a jury award that no one could predict. So chalk one up for judicial and financial prudence, we suppose.

As for the developers, they are not exactly endearing themselves to the town they need. It's safe to say that no one wants to see his name on a court docket, and we can't imagine Garner leaders are any different. (The developers can say what they want, but there is always an alternative to suing. Arbitration comes quickly to mind.)

The developers might be under the impression too that when they sue the town, they are suing government and its seemingly bottomless coffers. But surely they know they are really trying to take money from the hardworking people and small businesses of Garner. We trust Garner citizens will remember that should the housing and retail project come about.

We never like it when taxpayers find themselves -- and their wallets -- caught in the middle of a spat between their government and some third party. The government and the third party hire expensive lawyers to argue their case, and taxpayers end up footing the bill. How is that right?