A pothole battle is brewing in the City of Fulton pitting a longtime business owner in town against city hall.

65 year old Harold Mann has been arrested on graffiti charges after he went around town recently marking large, damaging potholes with spray paint to alert other drivers.

Mann says he was tired of hitting these potholes and and recently damaged his car by driving over one.

Mann says his plan initially worked. When he marked a pothole, city crews came in and filled the hole in.

Mann though got a knock on his door recently and was warned by city police to stop, but he continued. He was then summoned down to city hall where he was booked, fingerprinted and had his mug shot taken.

Fulton Mayor Ronald Woodward has a different take on the story. He admits that the city has been trying to catch up on pothole repair, but he claims that Mann was all over town recently standing in the middle of the street causing a danger to himself and other drivers.

The mayor says Mann was not only marking potholes, but cracks in the street, water lines and even manhole covers, and all the markings on city streets became a distraction to drivers.

Woodward said he gave Mann a warning to stop, but he decided to ignore the warning, forcing his hand to contact the police department and the police issued him an appearance ticket.

Harold Mann is due in court in early October and could get a year in jail.