Dave Williams' claim that he owns the planned site for a new 2 million-gallon Fayette County water tank is headed for the state Supreme Court Nov. 9.

Meanwhile, the county is spending some additional time and money studying an alternative site.

County commissioners last week directed consultant Jim Mallett to conduct a more detailed analysis of the area around the intersection of Ga. Highway 92 and Westbridge Road, one of five alternative sites for the new water tank.

The primary site, at Hwy. 92 and Lee's Mill Road, has been the subject not only of a legal dispute but also of neighborhood protest. Residents say the site, right next to an existing county water tank, is too close to their homes. Having two tanks there will make the area look like an industrial park, said one resident.

Is the county seriously considering building at the new site?

"We're serious enough that we're spending money to take a closer look at it," said county administrator Billy Beckett. "We told people that we would look at it, and we're trying to fulfill that promise," he added.

Beckett said he won't know how much money the additional study will cost until Mallett finishes the analysis, but building in the Westbridge area will definitely cost at least $146,000 more than the Lee's Mill site would cost, he said.

That's assuming the county is successful in its ownership dispute with Williams. The additional cost estimate includes purchase of property at Westbridge, whereas the county believes it already owns the Lee's Mill site.

Williams is asking the Supreme Court to send his claim of ownership back to Fayette Superior Court for a trial, overturning Judge Johnnie Caldwell's decision to declare that the county is the owner of the property and no trial is necessary.

The dispute arose when, following a failed condemnation attempt, county officials discovered deeds dating back to 1894 showing the county as owner of seven tenths of an acre that has been part of Williams' family farm for more than 60 years.

County attorney Bill McNally said the mix-up was caused by Fairburn Banking Company's foreclosure on adjacent land in 1934.

The bank inadvertently included the county land in the parcel it foreclosed on and sold to Williams' family, McNally said.

Williams has filed suit asking that the land be declared his property. He has paid taxes on the parcel for 20 years, and the county has effectively abandoned it, he said.

Though the county technically owns it, the land has been in private hands for decades, Williams claims.

Geoffrey Slade, attorney for Williams, has argued that the county effectively abandoned the property when it did not object to use of a portion of it for a school building early this century.