Kemp: Surveyor must attend Bibb/Monroe border hearing

The surveyor in the long-running Bibb and Monroe county border dispute must attend next month's evidentiary hearing on the matter.

Secretary of State Brian Kemp issued a subpoena Wednesday ordering surveyor Terry Scarborough to attend the hearing Aug. 9 and 10. The hearing is scheduled for 9 a.m. in room 341 at the State Capitol Building in Atlanta.

In 2008, Scarborough was appointed to survey the Bibb and Monroe border.

Scarborough said he determined that the Monroe border should be moved farther south, where it would include part of the Bass Pro Shop property and some nearby homes.

Since then, the case has been to the Georgia Supreme Court twice. In the most recent ruling, the high court ruled that Kemp would be the person to determine where the border should be. In an earlier ruling, Kemp ruled the border should remain as it is.

But after the second Supreme Court ruling, the issue landed back on Kemp's desk, and he's scheduled the August hearing to consider the issue again.

On July 10, Scarborough filed an "emergency motion to quash a subpoena requesting his presence. Scarborough maintained that his "prior appearance and delivery of the government's evidence, as an advisor to the Secretary of State, has fulfilled the duty of the 'The Governor's Surveyor.'"

In an order denying Scarborough's motion to quash, Kemp said he "finds Scarborough's argument unpersuasive."

Kemp said Scarborough has known for months that he would be required to attend the hearing in order to be questioned. He said Scarborough's testimony "is relevant and material to the evidentiary hearing."

The secretary also wrote that "given that Mir. Scarborough failed to attend the original evidentiary hearing in this matter, requiring him to attend this hearing is neither cumulative, unnecessary, nor unreasonable."

Kemp noted that if Scarborough doesn't attend the August hearing, he could face sanctions or a finding of contempt.

Macon attorney Virgil Adams represents Bibb County in the matter.

Scarborough couldn't be reached for comment.

 

 

 

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