A Warren County resident intends to end a legal challenge against the Warren County Commission due to the expense continued litigation would cost both sides. Instead, Wanda Thomas said she plans to obtain enough signatures to place a measure on the November 2012 ballot and have voters decide whether or not a county highway commission should be formed. This week Thomas told The Record she plans to dismiss the petition in mandamus she filed Sept. 1 in Warren County Circuit Court. The petition asked a judge to compel the county commission to form a county highway commission pursuant to state statute. The petition stems from an ongoing debate between Thomas and the commission on the manner and process the county uses to pave roads with dedicated tax monies Thomas believes the county intended to fight her legal challenge as long as possible. A prolonged legal battle, she said, would not only be costly for her but also to county taxpayers who essentially would be funding the county’s legal representation. “I personally don’t have the resources to fund such an endeavor, nor do I think the taxpayers should fund the commissioner’s legal fees,” Thomas said. “I am choosing to dismiss the petition. Instead, I will pursue an alternative method available in (state statutes) to establish a highway commission — placing it on the ballot for the voters to decide.” Thomas’ decision comes nearly three weeks after the county filed a motion to dismiss her petition. As part of the initiative petition process, once authorized by County Clerk Barb Daly, Thomas will need to gather signatures from 5 percent of the total number of votes cast in the last governor’s race, which was in November 2008. Daly said 15,469 voted in the governor’s race, meaning Thomas will need to gather 774 signatures to get the measure on the ballot. When asked to respond to Thomas’ plan to have voters decide the dispute, Presiding Commissioner Arden Engelage commented, “Instead of fighting us, why doesn’t she work with us? She could help us get the easements. Our plan of action is getting roads paved where people want them done.” This is the first full year the county is receiving funds from the continuation of a half-cent capital improvement sales tax. County voters in February 2008 approved 70 percent of the sales tax revenue being allocated for road maintenance with the remaining 30 percent going for other capital improvements. The continuation of the sales tax went into effect July 1, 2010. The county used the funds to pave Shetland Lane, Shepard Glen, Royal Drive, Pendleton Cut-off and South Rock Church Road this year. Last year, the county used the funds to pave Schreckengast, Town Branch and Bluff roads. The county estimated it will receive $800,000 in sales tax revenue for the road improvements in 2011. Thomas feels a highway commission is needed to assist the county commission in determining future road improvements. More heavily traveled roads, she said, should be more of a priority for the commission since the sales tax went into effect. During an initial meeting with the county commission in May, Thomas said she was appalled to learn that three of the roads that were eventually paved this month — Shepard Glen, Shetland Lane and Royal Drive — were not thru streets. She argued that the county is paving “subdivision roads” or “somebody’s driveway,” comments that commissioners disagreed with since the roads have been maintained by the county for years. Commissioners have commented repeatedly that the roads being paved first are ones where adjacent property owners are willing to give the county a 10-foot easement on each side. They also disagreed with Thomas’ interpretation of the statute and said only one third-class county in the state has a highway commission.