Athens resident John Marsh says the Clarke County School District over-collected sales taxes and should pay the money back to citizens.

Voters approved a five-year, 1 percent tax for schools in 2001 that was expected to raise $87.8 million but brought in $93.4 million. Marsh, a Republican activists and the founder of the Clarke County Taxpayers and Property Owners Association, filed a lawsuit in January claiming that state law requires the school district to use the $5.5 million to pay down debt or lower property taxes.

The school district argues that state law allows it spend the excess revenue on projects that voters approved when they approved the tax in 2001. Clarke County Superior Court Judge Lawton Stephens ruled in favor of the school district, saying that Marsh had waited too long to sue.

Marsh appealed the decision, and the state Supreme Court will hear oral arguments at 2 p.m. Monday. A summary of the arguments is on page 11 of this PDF.