Friday, November 23, 2001
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Friday, November 23, 2001 |
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Hearing next week in sewer suit By MONROE
ROARK
A hearing has been set in the current battle between Fayette County and the towns of Tyrone and Fairburn over sewer service. Both parties are scheduled to appear Nov. 28 at 4 p.m. in Fulton County Superior Court before Judge Constance Russell, Assistant County Attorney Dennis Davenport told The Citizen Monday. Tyrone is planning to run sewer lines across the Fulton County line to Fairburn to provide service for major developments in town. Fayette County went to court seeking a temporary restraining order that would stop construction of the sewer lines, but a Fulton County Superior Court judge rejected that request. Tyrone filed a countersuit to retrieve legal expenses incurred while defending itself against further county action. 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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