The county alleges the amount was included in bills the county owed for numerous service lines it has with the phone company. The lawsuit claims the county was unaware that it was being billed for the disconnected lines.
The county says it paid the bills and deserves the money back. It also wants attorney fees and costs associated with the trial.
In its motion to dismiss, AT&T cited nine reasons the lawsuit should be dismissed, with one being the statute of limitations.
“Here, plaintiff alleges that the subject lines were disconnected on or about June 2015,” the motion states. “Plaintiff appears to allege that AT&T continued to bill for the subject lines from June 2015 onward.”
“As such, any alleged breach of the agreement would have occurred in June 2015 and, thus, any cause of action based in contract would have accrued in June 2015,” the motion continues. “As a result, the statute of limitations on Plaintiff’s contract and quasi-contract claims would have expired in June 2018.”
The motion notes that any action on a contract would need to be brought within three years.
The motion claims the county made the payments voluntarily.
According to the motion, state law notes that ‘“money voluntarily paid with full knowledge of all material facts and without any fraud, duress, or extortion cannot be recovered, although there was no legal obligation to make such payment.”