Two telecommunications firms sued by Georgia’s former governor on behalf of Cobb and Gwinnett counties have moved to dismiss the case, according to court papers filed in federal court in Atlanta. Level 3 Communications and TW Telecom Holdings claimed the suit by the counties is “an attempt to exact a tax” from the defendant telecom companies that is barred by state law.
The telecom firms claim in court papers that the counties are attempting “an end run” around a state law which largely bars county and city governments from levying and collecting taxes not authorized by the state legislature. The two telecom companies are defended by Michael Hutchins and David Spalten of Kasowitz, Benson, Torres & Friedman.
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