Attorneys for Phillip Lang Foremaster have filed a notice of garnishment in an attempt to force St. George to pay $368.51 in court costs associated with a challenge to subsidized lighting of the city's LDS Temple.

The costs, levied by the 10th U.S. Circuit Court of Appeals, included $105 for a docketing fee and $263.51 for printing expenses.In 1985, Foremaster filed a lawsuit challenging the legality of the city's temple lighting subsidy, a practice followed from 1942 until 1986. In later years, the subsidy had amounted to about $180 a month.

A U.S. District Court judge in Salt Lake City ruled he had no standing to file the suit, but the appellate court reversed that decision and remanded the case for disposition of legal fees.

Foremaster's attorneys will seek about $110,000 in fees when the case returns to the Salt Lake court.

R. Clayton Huntsman of St. George, co-counsel with Brian Barnard of Salt Lake City, said Wednesday the garnishment notice was filed with Zions First National Bank in Salt Lake City because the city apparently does some banking at its St. George branch.

"We have requested payment several times but were met with silence every time," said Huntsman. He said the first request was dated Oct. 10, and a second letter was sent Oct. 23.

City Attorney Ted Shumway, however, said he had given a check order to his secretary and she said the payment had been sent.

"By (Wednesday), they should have had the check, and all I can say is I don't seriously believe that they doubt our ability or obligation to pay," he said. "And rather than wait for the court costs to be received in due course, they felt it was an opportunity to aggravate the situation and try to embarrass us."

Shumway also said the city has until Dec. 28 to appeal the 10th Circuit Court of Appeals' ruling to the U.S. Supreme Court.