Gasaway Attorneys Continue Push for Erwin, Habersham to Pay Attorney Fees, Court Costs

The determination of who will serve as the State Representative for State House District 28 has been decided, but who will pay for the expensive court hearings has not.

On Friday, attorneys for Dan Gasaway filed a new Reply in their suit seeking over $107-thousand dollars in attorney fees and court costs against newly elected Representative Chris Erwin and the Board of Elections in Habersham County.

Gasway’s attorney Jake Evans is also seeking an additional $12,341 to cover witness mileage, subpoena fees, open record and record request costs, and witness costs.

In January, Senior Superior Court Judge David Sweat ruled there was enough evidence of illegal or improper voting in Habersham County to warrant a third Special Primary.

That election was held April 9 and Erwin won all three counties by a landslide.  Gasaway later conceded the election and said he was ready to move on.

However, after receiving the first notice of a suit for attorneys fees and court costs in March, Erwin’s attorney Bryan Tyson argued of in his response dated April 18, that Gasaway did not meet the burden of proof with most of the witnesses he brought forth during the January hearing and is therefore not entitled attorneys fees, or is only entitled to a portion of what Evans is asking for.

Evans has again requested a hearing be scheduled in Banks County Superior Court for a judge to hear his suit, but so far, no date  has been set.

Brian Ranck, attorney for Stephens County, tells WNEG News since no errors were found in the December 4th Special Primary, the Stephens County Board of Registrars was not part of the January lawsuit and therefore has not been named in the motion for attorneys fees.