Wednesday, October 9, 2002
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Wednesday, October 9, 2002 |
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Rezoning suit between developer, Fayette County nears trial date
By JOHN MUNFORD
If Pathway Communities has its way, a Superior Court judge will overturn the Fayette County Commission's rezoning of its 364-acre parcel just north of Peachtree City on the westbound side of Ga. Highway 74. The property which was previously zoned agriculture-residential was rezoned to R-70, which requires a minimum lot size of two acres, on May 25, 2000. The action came after Pathway requested a R-40 rezoning for a proposed 172-home subdivision, which was denied by the commission. The dispute is slated for trial beginning Monday, Oct. 21, but it could be further delayed by a recent motion from Pathway requesting that Superior Court Judge Johnnie L. Caldwell Jr. recuse himself. The motion claims Caldwell had an ex-parte conversation with county attorney Phil Grant on setting a new date for the trial due to the death of Grant's grandfather; the judge set a new date without seeking input from counsel representing Pathway Communities, the motion states. By failing to consult with Pathway attorneys, Caldwell "indicates a prejudice against the plaintiffs," according to the motion. Pathway is requesting an out-of-circuit judge to hear the matter. In the original complaint about the rezoning, Pathway argues that the rezoning for two-acre lots "is clearly a taking of the plaintiff's valuable property rights" and "constitutes exclusionary zoning." Those contentions were denied by the commission when it responded to the suit. The subdivision would be accessed through an existing cut-through on Hwy. 74 at the intersection with Kedron Drive, according to the suit. County officials reminded the court that such access would also require an at-grade crossing of the CSX railway.
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