Wednesday, September 27, 2000
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Wednesday, September 27, 2000 |
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Judge: No sewer for homeless ministry By
DAVE HAMRICK
Supporters of Chariots of Fire Ministries are weighing their options in the wake of a judge's dismissal of their lawsuit against Fayette County. Retired Fulton Superior Court Judge John Langford Monday ruled that the Fayette County Commission was within its rights when it refused the homeless ministry permission to hook onto Clayton County's sewer system. "We argued that they had not shown either a clear legal right to relief or that the county had abused its discretion," said assistant County Attorney Phil Grant, "and the judge agreed." Following presentation of the plaintiff's case, Langford granted the county's motion for judgment. A sometimes tearful Bishop Luther Graham, director of the ministry, told of numerous unsuccessful efforts to resolve the failure of the septic tank at his home, 1666 Ga. Highway 138. Graham lives in the five-bedroom home with his wife and two children, his housekeeper and her child. In a 9,000-sq. ft. garage on the two-acre property, Graham also operates Chariots of Fire Ministries, which works to find temporary housing and permanent employment for people who have recently become homeless or for spouses in cases of abuse. The garage has a small septic system that has not failed, and it has a bathroom and shower, which the family uses. Graham said the children have to get up at 5 a.m. and go to the detached garage to get ready for school. Water to the three bedrooms in the home and to its kitchen has been turned off to help reduce the amount of water going into the failed septic system, and the system has been pumped out weekly ever since the problem arose, he testified. Graham's attorney, Brian Spears, argued that the county's decision to refuse access to Clayton's sewer system, which runs right next to the house, was arbitrary because the county has no guidelines for making such a decision. He said the court also should overrule the county because the ministry has exhausted all avenues and there's no other solution available. But assistant County Attorney Phil Grant said there is a viable solution the ministry can remove all the dirt on the property and replace it with new fill dirt that will accept a new septic system. "The likelihood of approval of such a system is very high," said Grant, "yet they're asking the county to allow in another county's sewer system." As for not having guidelines for deciding whether to grant Graham's request, Grant said guidelines aren't needed. "I can think of numerous requests that you could come before the commission and ask for things to be done that would be off the wall and then say we don't have any guidelines for making that decision," he argued. Langford summed up his feelings in the matter right after the lawyers' opening statements. "He bought property in a county that doesn't have a county-wide sewer system," he said shrugging. "That's the problem as I see it." Langford heard the case because all four Griffin Judicial Circuit judges who operate in Fayette County disqualified themselves, saying it represented a conflict of interests. And the case was moved to a Spalding County courtroom because of lack of space in Fayette's courthouse. In his testimony, Graham said replacing the dirt on the property would cost $20,000 to $25,000, a good bit more than hooking onto Clayton's system, with no guarantee of success. "But there's never a guarantee that a septic system will work, is there?" Grant asked him on cross examination. "We're talking about whether to take it to a higher court," said John Ford, a member of the Chariots of Fire Board of Directors, following the ruling Monday. He said the decision should be made sometime this week.
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