The Fayette Citizen-News Page

Wednesday, November 7, 2001

Tyrone to countersue Fayette in sewer dispute

By JOHN THOMPSON
jthompson@TheCitizenNews.com

The struggle for sewerage in Tyrone took another turn last week as Tyrone's city leaders authorized the town to countersue Fayette County over the issue.

The suit is in response to Fayette County's efforts to have the courts stop the town from running sewer lines to Fairburn to provide service for major developments in town.

Town Manager Barry Amos said the countersuit is asking for the county to pay for all legal fees that Tyrone expends during its defense of the sewer agreement with Fairburn.

Amos said the matter will be filed in Fulton Superior Court, but he did not know if it would be heard as part of the county's lawsuit against Tyrone.

Tyrone won the first round of legal battles Oct. 26 when a Fulton judge refused to issue a temporary restraining order to stop the construction of sewer lines from Fairburn to Tyrone.

If the sewer lines are allowed to be run, they would allow John Wieland's Southhampton development to tie into Fairburn's excess sewerage capacity.

Another project that would tie into the system is Phil Seay's commercial development on Ga. Highway 74 that fronts the Wieland development.

Seay's project includes a Publix grocery store, but Amos said Seay told him that he is changing developers for the project.

The town has already approved Publix's concept for the site, and Amos said the town will work with Seay if the development plan is the same the town approved earlier this year.

If the plan changes, Seay would have to go through the approval process again.