The Fayette Citizen-News Page

Wednesday, October 18, 2000

Chariots of Fire plans appeal of sewer ruling

By DAVE HAMRICK
dhamrick@TheCitizenNews.com

Chariots of Fire Ministries will take its case for sewer service to a higher court.

Supporters of the homeless ministry say they will appeal a Superior Court judge's ruling that Fayette County is within its authority in refusing to allow the ministry to hook onto neighboring Clayton County's sewer lines.

"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, Judge John Langford granted the county's motion for judgment.

Bishop Luther Graham, director of the ministry, has made 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.

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 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."

That solution is no solution at all, said John Ford, a Realtor who helps support the ministry and is on its board. Ford said the ministry is seeking donations to help pay the cost of filing an appeal, but is having trouble getting a copy of the judge's ruling in the Sept. 25 hearing.

Ford said ministry leaders also are talking with officials of the U.S. Department of Housing and Urban Development in hopes to agency has the legal authority to order Clayton County to serve the property.

And leaders also have met with Clayton County Commission Chairman Crandle Bray, he said, adding that Bray has promised to talk with Fayette commissioners and urge them to change their minds.


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