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further, they are not in a position to analyze and challenge the accuracy <br />of the county-by-county sales ratio studies. One county, Mecklenburg, <br />has applied for intervention and has retained the law firm that normally <br />represenns the county. A couple of other counties have seriously <br />considered doing likewise. <br /> <br />This matter was discussed at length in last week's North Carolina <br />County Attorneys' Association Summer Conference by all participants. <br />That Association with approximately 45 counties represented, voted <br />unanimously to inform all counties of this litigation and to urgently <br />request that all 100 counties pool their financial resources in order <br />to provide a coordinated defense. It is believed that a coordinated <br />approach relying on one law firm to organize the defense, including the <br />selection Of expert witnesses, is the most sensible and economical <br />way to assure that the counties' common interests are represented, <br />without the necessity of intervention by eacb county. The lawsuit <br />contains fairly complicated issues: plaintiff railroads are represented <br />by legal counsel experienced in similar cases in several other states, <br />and the trial is presently scheduled for the third week in September; <br />therefore; substantial preparation will be necessary - and in short <br />order. <br /> <br />Hamlin L. Wade of the Charlotte law firm of Ruff, Bond, Cobb, Wade <br />and McNair, which is representing Mecklenburg County, had indicated <br />he would be willing to undertake coordination of defense for all counties. <br />We believe that he can do an excellent job representing the counties <br />and recommend that the pool be ~sed to retain him. We estimate that a <br />maximum fund of $50,000 will be necessary to pay for legal representation <br />and for the hiring of expert witnesses. <br /> <br />In order to fund the pool, we recommend the following: <br /> <br /> (1) Ail 100 counties are asked to participane - witl] a minumum <br /> contribution of $100 per county. (Even counties who are not <br /> listed in the complaint have an interest in the lawsuit, <br /> because the court will be asked to decide for the first time <br /> whether such sales ratios studies have been properly conducted <br /> and its judgment may become precedent for future challenges <br /> by the railroad and even for suits by other utilities whose <br /> property is revalued each year.% <br /> <br /> (2) The North Carolina Association of County Con~nissidners <br /> Board of Directors is requested to direct its central office <br /> to collect legal defense contributions from the counties, <br /> disburse these funds to the law firm periodically, to generally <br /> account for and adminisner the fund on behalf of participating <br /> counties,and to notify them periodically of the lawsuit's <br /> progress. <br /> <br /> <br />