TDK suit headed to court July 6

Tue, 06/05/2007 - 5:07pm
By: John Munford

A hearing has been scheduled for July 6 in the pending lawsuit over the extension of TDK Boulevard from Peachtree City into Coweta County.

The presiding judge in the case is Fulton County Superior Court Judge John Goger.

The suit was filed by Peachtree City’s council, which is challenging whether it is bound to follow GRTA’s requirement that the bridge over Line Creek be built to accommodate four lanes of travel. Peachtree City officials insist that the road should only be two lanes wide to avoid choking Ga. Highway 74 with traffic.

GRTA officials have indicated the agency can withhold transportation funds from the city if it refuses to comply.

Meanwhile, the City Council will be updated on the project’s engineering status at its regular scheduled meeting Thursday night. The project has drawn criticism because of a Coweta developer’s intention to build a 3,000-home “village” that would be located directly off the road extension on the Coweta County side.

Part of the city’s complaint in the lawsuit stems from the fact that Peachtree City has no power to control any facet of McIntosh Village, which would be built solely within the jurisdiction of unincorporated Coweta County.

The city has until Dec. 20, 2009, to complete the road extension or ownership of the acquired right-of-way will revert back to PCH Investments LLC, a subsidiary of Pathway Communities. The city has acquired enough right-of-way for two lanes, according to City Engineer David Borkowski.

While that clock is ticking, the lawsuit has hampered progress on the road. The projected construction time for the two-lane bridge is two years, which in essence shortens the timeline for a final decision on the road project.

There also may be another delay forthcoming. According to a memo from City Engineer David Borkowski, the city may have to redo the environmental and historical reports for the project due to the time that has lapsed from the conception of the project.

Under a contract the city signed with Fayette County in 2003, the city is responsible for acquiring right-of-way and producing the road and bridge design while the county is responsible for actually building the project.

Fayette County officials previously have indicated they would not proceed with construction on the road unless their counterparts in Peachtree City want the project to be built.

The Georgia Department of Transportation has already approved construction plans for a two-lane bridge, Borkowski said in his memo.

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