Q May a Board of Supervisors file suit against a land owner to seek an injunction for a public or private nuisance and spend county funds to employ counsel to do so?

A Yes, Section 19-3-47(1) (b) provides that the Board may concurrently employ special counsel to handle specific civil and criminal litigation in which the county is interested. The legal counsel specially employed in such cases is to be paid reasonable compensation from the county treasury. Consequently, if the Board of Supervisors finds as fact that the county has a bona fide interest in a cause of action, the county is authorized to employ and compensate counsel in a reasonable amount for services in such a cause of action. (Attorney General’s Opinion to Webb, October 30, 2015).