Mobile City Attorneys represent citizens in U.S. Supreme Court case

Dec 9th, 2014

MOBILE, Ala. - Two of the City of Mobile's staff attorneys are in Washington, D.C., today to represent Mobile in a case before the U.S. Supreme Court.

Chief Assistant Attorney Flo Kessler and Assistant Attorney Erich Bergdolt are serving as an amicus party in the Alabama Department of Revenue v. CSX Transportation, Inc Supreme Court case.

The case itself concerns whether a state tax on diesel fuel is discriminatory to the railroad industry. Because the City of Mobile collects a similar tax on diesel fuel, CSX is claiming $134,672 of refunds from the City not including interest.

"This is once in a career," said Bergdolt said of the appearance before the nation's highest court. "We're not party to this case, but we filed a brief with the court saying we have a substantial interest."

Mobile isn't the only city in Alabama with refund requests from CSX. Altogether, municipalities across the state are facing claims adding up to almost $23 million. As a result, all agreed to sign onto the City of Mobile's petition.

"Some of those other cities and counties have refund claims from other railroads too," Kessler said. "They add up to a lot of money. Birmingham owes $13 million."

The Supreme Court receives thousands of these types of petitions, but accepts less than 20 percent - making the petition a notable accomplishment for the City's legal staff.

"The dedication, commitment and legal skill level of Mrs. Kessler and Mr. Bergdolt are true assets to the City," said Mobile City Attorney Ricardo Woods.

Kessler and Bergdolt are in Washington today to participate in arguments before the Supreme Court.

###

Contact:
George Talbot
City of Mobile
251-208-7590
George.Talbot@CityofMobile.org