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Covington officially sues Newton County Schools for unpaid stormwater fees
City still yet to take legal action against county for similar matter
Gavel

NEWTON COUNTY — The debacle of unpaid fees between the City of Covington and Newton County Schools has officially been litigated.

On March 18, the city formally sued Newton County Schools over outstanding stormwater fees. Stormwater fees are user fees based on a property’s impact on the city’s stormwater system.

The official complaint filed in Newton County Superior Court came two days after the Covington City Attorney Frank Turner, Jr. said the city would seek legal action against the school system for unpaid fees.

According to the complaint filed in Newton County Superior Court, the city is asking for $38,144.30 in unpaid fees dating back to July 18, 2025. At the March 16 City of Covington meeting, Councilman Dwayne Turner said the school system reportedly owed $49,955.69 in unpaid fees.

In a response to the filing, Newton County Schools stated, in part:

“...Unfortunately, this matter presents a complex legal issue that is not clear, particularly as it relates to school systems and their obligations under current law. As with any issue of this kind, we are reviewing all aspects of the matter to ensure our actions remain aligned with legal guidance and our responsibility to the community we serve.

 “At the same time, we value the cooperative relationships we’ve built with our municipal partners and seek to maintain them.

“Our focus, however, remains where it belongs - on our students. Newton County Schools is committed to providing educational excellence for every child, and we approach all decisions in pursuit of this mission while also being good stewards of public resources.

 “To that end, we hope to bring a quick and conclusive resolution to this issue.”

The city is represented by Thomas M. Mitchell of Buford. Mitchell successfully argued that stormwater charges were classified as a utility, not a tax, in Athens-Clarke County. That case was upheld on appeal in the Georgia Supreme Court on two separate occasions. Frank Turner told The Covington News that he sought Mitchell's assistance due to his expertise in the subject matter.

This argument is crucial to the city’s quest to reclaim the unpaid stormwater bills, as government entities are exempt from paying certain taxes but are not exempt from paying the price of utilities.

During the March 16 meeting, Frank Turner confirmed the city would also look to pursue legal action against Newton County for unpaid stormwater fees. According to Dwayne Turner, the county owed $85,577.70.

As of Wednesday, the city had not formally filed a formal complaint against the county. When asked if the city had plans to sue Newton County, Frank Turner declined to comment.