The surveyor in the Bibb-Monroe county border dispute has filed a formal notice that he plans an appeal to the Georgia Supreme Court over a ruling that rejected his property survey.
Surveyor Terry Scarboroughs property line would shift a corner border hundreds of feet south on the Ocmulgee River, which would move properties with an estimated $1.2 million in annual tax revenue into Monroe County.
Monroe County had filed suit challenging a decision by Georgias secretary of state, Brian Kemp, in Bibbs favor, but that lawsuit was dismissed in September in Fulton County Superior Court. Scarborough tried to get himself added as a party in the lawsuit but was not allowed.
Representing himself, Terry Scarboroughs notice of appeal says he is asking for relief from injuries from what he called a manifest abuse of discretion by Kemp, who rejected Scarboroughs survey that puts the county line farther south. He also claims Bibb County submitted a fraudulent document at a final hearing with Kemp.
Virgil Adams, Bibb Countys attorney, said Scarborough apparently is referring to a document uncovered in Jones County that proved two ferries once operated on the river, not just one as Scarborough had claimed, which also indicated that the Bibb line extended farther north.
Why he would call that fraudulent, I have no idea, said Adams.
Adams said he doubts Scarboroughs appeal will be heard.
At best, he is a witness. As a witness, he didnt have a right to intervene in the lawsuit. I dont see that going anywhere.
Scarboroughs survey was approved by an administrative law judge, but Kemp discarded it after Bibb officials presented their evidence. Bibb County initially withheld its share of payment for his services -- about $170,000 -- but he was eventually paid.
Monroe County has not appealed the September ruling. Asked Tuesday if the county planned to do so, county attorney Michael Dillon said, I dont know.
The border was established by the Legislature in 1822, amended in 1877 and has been in dispute between the two counties since at least the 1940s. Scarboroughs survey would have put part of a subdivision and part of the Bass Pro Shops parking lot, as well as other infrastructure built by Bibb County, in Monroe.
Information from Telegraph archives was included in this story. To contact writer Rodney Manley, call 744-4623.