YOUNGSTOWN — AT&T is suing Youngstown, saying it inadvertently sent the city a $50,834.80 check cashed more than three years ago and hasn’t been refunded.

The lawsuit, filed in Mahoning County Common Pleas Court, states the company has “requested on multiple occasions” that the money be returned, and the city has refused.

AT&T provided the city with telecommunications and internet services from 2006 to 2017. The city requested the services be discontinued and received a final bill on April 1, 2017.

That bill incorrectly included a $50,834.80 credit to the city, the AT&T lawsuit contends. A check was issued April 6, 2017, and cashed six days later by the city.

“To its chagrin, AT&T realized its accounting error and issued a revised final bill dated July 1, 2017, correcting the error” and asked for the refund, according to the lawsuit filed by attorney Andrew W. Suhar on behalf of the company.

“In addition to issuing and submitting a revised final bill, AT&T also on multiple occasions telephoned and requested defendant refund the $50,834.80 credit balance with the explanation that the credit check was issued in error,” Suhar wrote. “Unfortunately, AT&T’s requests were met with no avail or cooperation from defendant.”

City Law Director Jeff Limbian said: “This lawsuit is the first time I’m seeing this issue. If we owe the money based on a review of what happened during the prior administration, we will certainly do the right thing without further court adjudication. I don’t believe the law department of this administration was ever notified of this potential obligation.”

Limbian is referring to Jamael Tito Brown starting his term as Youngstown mayor Jan. 1, 2018. He succeeded John A. McNally, who served from Jan. 1, 2014 to Dec. 31, 2017. The AT&T issue occurred during McNally’s administration. Brown beat McNally in the May 2, 2017, Democratic primary and then won the Nov. 7, 2017 general election.

But Suhar’s lawsuit states: “Prior to filing this action, AT&T demanded a refund of the credit balance, but defendant has failed, refused and neglected to refund the money.”

He added, “AT&T has requested on multiple occasions the refund.”

The lawsuit seeks not only the full refund of the $50,834.80, but attorney fees, interest and costs incurred from the lawsuit and “any other equitable relief this court deems appropriate.”

If the case proceeds, it will need a new judge.

The case was assigned by lot to Judge Anthony Donofrio, who was the city’s deputy law director when the AT&T check was cashed.

dskolnick@tribtoday.com