NEWTON COUNTY — The City of Covington’s pursuit to recoup unpaid stormwater fees is continuing in the form of another lawsuit.

The city formally sued Newton County on April 27 in Newton County Superior Court, claiming that the county owes $68,366.22 in unpaid fees. According to the complaint, the unpaid fee schedule is dated through July 18, 2025.

In addition to the listed amount, the city is asking that the court award them any additional unpaid fees or charges that could accrue.

Newton County declined to comment for this story.

Discussions of collecting unpaid stormwater fees date back to December 2025. Councilman Jared Rutberg expressed his concern of the county and Newton County Schools allegedly not paying their respective stormwater fees.

Councilman Dwayne Turner reintroduced the topic upon assuming office in March. Turner presented an array of options, including waiving all outstanding fees for the county, school system and residents. 

However, City Attorney Frank Turner, Jr. told the council that it would not be legally permissible to waive unpaid stormwater fees for citizens, but added that a deal could be made from one government entity to another. The council instead came to a consensus that it would pursue legal action to recoup the unpaid fees.

This led to a separate lawsuit filed against Newton County Schools on March 18 for unpaid stormwater fees. According to the complaint, the city is asking for $38,144.30 in unpaid fees dating back to July 18, 2025.

In a response to the filing, Newton County Schools called it a “complex legal issue” in a statement and said that it would hope to bring a “quick and conclusive resolution” to the matter.

Thomas M. Mitchell of Buford represents the city in both cases. 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.