Friday, April 18, 2003

Rezoning dispute for land north of PTC heard in court

By JOHN MUNFORD
jmunford@TheCitizenNews.com

Pathway Communities contends that the Fayette County Commission improperly rezoned a 364-acre tract of land north of Peachtree City for lots with a minimum size of two acres.

Witnesses for the development company testified in court that the developer would lose money with the two-acre minimum lot size, mostly because of higher infrastructure costs to develop the subdivision, which would be located on the western side of Ga. Highway 74 north of the Peachtree City limits. A smaller lot size is needed to provide the extra money to pay for the improvements, said Pathway attorney Doug Dillard.

Superior Court Judge Johnnie L. Caldwell Jr. has not issued a ruling in the case yet, indicating he wanted to review several issues in the trial transcript before doing so.

After Dillard rested his case, Phil Grant, an attorney representing Fayette County, argued that Pathway didn't prove that the R-70 zoning was a significant detriment to the property.

Grant also noted that having a more dense zoning would have more vehicles crossing the CSX railroad track than the R-70 zoning.


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