Wednesday, October 31, 2001
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Wednesday, October 31, 2001 |
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Fayette rebuffed, ponders how to stop Tyrone sewer By DAVE HAMRICK
Fayette County attorneys sometime this week hope to set a date for round two in the county's quest to put a stop to an agreement for sewer service between Tyrone and Fairburn. The county lost round one Friday as Fulton Superior Court Judge Alford Dempsey denied its request for a temporary restraining order to stop Tyrone's construction of sewer lines to tie into the Fairburn system. Assistant County Attorney Dennis Davenport said he is still seeking a hearing on the county's request for a permanent injunction. During the Friday afternoon hearing, Dempsey ruled that the county did not show sufficient cause to stop construction of sewer lines under the agreement between Tyrone and Fairburn until after the hearing on the injunction request. "There doesn't appear to be imminent harm" from the continued construction, Dempsey ruled. The county's interests will still be served, in the event that it prevails in the injunction, without the temporary restraint, he said. "There won't be any functional sewer lines if you ultimately prevail," he said. Dempsey also rendered a first-flush opinion that the county's case is flawed. Much of the case hinges on the fact that, although Tyrone's town charter allows it to provide sewer service outside its borders, Fairburn's does not. Under the agreement between Tyrone and Fairburn, the Fayette town will extend sewer lines into Fulton County, and the Fulton city will then treat sewage pumped through those lines at its sewer plant under construction in Fulton County. Davenport argued that Fairburn has no charter authority to provide sewer service beyond its borders, and Tyrone's extension of lines to tap into Fairburn's system does not constitute provision of sewer service. "Tyrone's not the focus," he argued. "They're not building a sewage treatment plant." "It is the court's opinion that still is providing sewer service," said Dempsey. "Fairburn isn't trying to provide sewer service inside Fayette County." Dempsey praised Davenport as well as Ted Meeker, attorney for Fairburn, and Laurel Henderson, representing Tyrone, for their presentations in the case. "I appreciate good lawyering," he said. Tyrone officials approved the agreement with Fairburn Oct. 18 to purchase Fairburn's excess capacity at its new wastewater treatment plant. County commissioners had frequently threatened to file legal action to stop the agreement as discussions between Tyrone and Fairburn have progressed, saying the agreement will require extension of sewer lines through unincorporated Fayette County, and that requires that the county grant permission. County leaders say the availability of sewerage in the area could spark high-density development that's not in keeping with the county land use plan. Tyrone officials say there's no plan to provide sewerage to anyone other than Tyrone residents. The town's contract is for 250,000 gallons of capacity, which will be used for the John Wieland Homes housing development under construction on Ga. Highway 74. The development includes a commercial area being built by Phil Seay. Tyrone's and Fairburn's attorneys argued that the agreement between the two municipalities doesn't affect Fayette County in any way.
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