Wednesday, November 7, 2001
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Wednesday, November 7, 2001 |
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County pushes for hearing in sewer case By DAVE HAMRICK
Fayette County attorneys this week are asking a Fulton County judge to set a date for a hearing in the county's attempt to void an agreement in which the town of Tyrone would buy sewer capacity from the city of Fairburn. "I'll be getting with somebody from the judge's office to try and push this thing along," said Dennis Davenport, assistant county attorney. Davenport is asking Fulton Superior Court Judge Constance Russell to grant an interlocutory injunction to stop Fairburn's construction of sewer lines that will allow the town to connect to Fairburn's new sewer plant in Fulton County. Meanwhile, Tyrone has countersued, asking for attorney's fees in the dispute (see related story). County officials contend that the agreement between the two cities amounts to provision of sewer service by the city of Fairburn across county lines, something its city charter doesn't allow. Tyrone's sewer lines will run through a small portion of unincorporated Fayette County, and the county also maintains that its permission should have been sought before the agreement was negotiated. Lawyers for Tyrone and Fairburn argue that Fairburn is not providing sewer service inside Fayette, since it is Tyrone that is laying the sewer lines and has contracted with two local developments to provide sewer service. Tyrone's charter allows the town to provide sewer service outside its borders, but lawyers argue that the point is moot, because the town has no plans to provide service in unincorporated Fayette. The county lost round one in the dispute as Fulton Superior Court Judge Alford Dempsey denied its request for a temporary restraining order to stop Tyrone's construction of the sewer lines for 30 days pending a hearing on the injunction request. Dempsey ruled that the county did not show sufficient cause to stop the construction. "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 because Tyrone will be the entity providing sewer service for its own residents. "Fairburn isn't trying to provide sewer service inside Fayette County," 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 Town Manager Barry Amos, says 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 as well. 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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