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Morgan OKs funding lawyer for legal battle versus Calpine in N.Y.

By Sheryl Marsh 340-2437

The Morgan County Commission approved amending Revenue Commissioner Amanda Scott's reappraisal budget by $75,000 for legal representation for her in New York.

County Attorney Bill Shinn explained that Calpine Corp., which is in bankruptcy court in New York, has refuted Scott's $2.4 million tax claim against the company's property in Morgan.

The property includes Decatur Energy LLC and Morgan Energy Center LLC.

Shinn said company officials claim the tax bill should be $1.6 million. He explained that Scott needed a lawyer in New York to represent her in the case. He said if she does not get an attorney there, then New York bankruptcy court officials would likely rule in favor of Calpine.

Scott said she talked with an official with the state Department of Revenue, who approved her request for the funding. The commission approved amending her budget to include the funds.

When an attorney is hired to represent Scott in New York, Shinn said, he will be the liaison to the out-of-state lawyer, which means taxpayers will pay both attorneys.

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