The Warren County Commission this week said it will receive support from the Missouri Association of Counties (MAC) in its legal battle against the city of Warrenton over permitting requirements. MAC …
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The Warren County Commission this week said it will receive support from the Missouri Association of Counties (MAC) in its legal battle against the city of Warrenton over permitting requirements. MAC is a nonprofit corporation founded in 1972 to provide assistance to member counties in matters related to local, state and federal government activities. The county pays annual dues to be a member of the organization. In January, the county commission filed an appeal with the Missouri Court of Appeals, Eastern District, challenging a circuit court ruling requiring the county to pay for a city building permit related to the ongoing construction of the new administration building. Commissioners met with the MAC Board of Directors last Wednesday, Feb. 15. The board is comprised of 55 elected county officials, including Warren County Assessor Wendy Nordwald. According to the county commission, a vote taken asking to support the county's appeal was unanimously approved. MAC will offer legal assistance and funds to help cover the ongoing litigation, according to commissioners. They declined to release a dollar amount that was offered by MAC. The county commission has argued since filing the lawsuit challenging the city's permitting requirements that the dispute has statewide implications. "We didn't go up there asking for money," Presiding Commissioner Arden Engelage. "We went there asking for support. We were really overwhelmed that we would get support and the possibility of some funding." MAC Executive Director Dick Burke told The Record board members were supportive of the decision to support the county commission. "We felt like it was important to support Warren County," he said. "I certainly understand the city's side, but we didn't believe the court looked at an important case from Greene County. It becomes a fundamental question of authority." Commissioners acknowledged that if MAC did not agree to help fight to reverse the circuit court ruling, the commission would have considered withdrawing its appeal. According to county officials, $30,635.28 has been spent on legal fees by the county between October 2010 and Feb. 14, 2011. The county commission, which initiated the lawsuit, contended that under state law it was not required to obtain and pay for city building permits related to the county's administration building. City officials disputed the county's interpretation of the law and maintained the county was in violation of city building codes by not obtaining and paying for the building permit. Under protest, the county commission paid a total of $27,406 to the city for separate building and stormwater permits. Of that amount, $26,781 is for the building permit. Franklin County Associate Circuit Judge David Tobben ruled on Dec. 30 that the county commission was not exempt from paying city building permit fees. Commissioners filed the lawsuit on Oct. 20, 2010, after the city posted a stop work order at the job site Oct. 15 and issued a summons to an employee of T.S. Banze Construction after he continued performing grading work that same day. County commissioners said they told the contractor to continue working following two site visits by Jim Daly, city building commissioner, earlier that morning. Earlier this month the employee was sentenced to two years of probation on the municipal violation for failure to obey the stop work order.