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Judge rules against PTC in TDK suitTue, 07/10/2007 - 4:20pm
By: Ben Nelms
It looks like Peachtree City has a decision to make. Fulton County Superior Court Judge John J. Goger ruled Friday that Peachtree City had two options: Either comply with Georgia Regional Transportation Authority’s (GRTA) insistence that the TDK extension bridge into Coweta County have four lanes or face possible GRTA-imposed funding restrictions on future transportation projects in the area. “On the merits, GRTA had the authority to approve the plan with conditions. And whatever process was due Peachtree City, they have received. And the action was appropriate,” Judge Goger concluded. The decision came after Peachtree City filed suit in opposition to a portion of GRTA’s approval of the McIntosh Village development, the requirement that a four-lane bridge be constructed over Line Creek. Peachtree City Attorney Ted Meeker opposed GRTA attorney Frank Jenkins and McIntosh Partners attorney Buddy Welch, with both sides raising issues that, in the end, had Judge Goger siding with the regional authority. Asked by Judge Goger what response Peachtree City might have to the ruling, Meeker said that decision would be in the hands of the City Council. Summarizing Peachtree City’s position after Judge Goger’s decision, Meeker said he had wanted a declaratory judgment that GRTA had exceeded its authority, but the court ruled that not to be the case. Reiterating GRTA’s position, Jenkins said the authority could not require Peachtree City to participate in the project but could withhold state and federal funding for roads and bridges specific to the McIntosh Village project. Meeker disagreed, saying that GRTA could impact other projects along Hwy. 74, both north and south of the TDK Boulevard area. In a departure from the legal issues during his brief presentation, Welch offered a slightly different take on the issue. “I think this issue of funding is a guise. This issue is political. It became a political issue in Peachtree City,” Welch said, noting his belief that the city did not want the bridge to be four-laned due to the increased traffic that would result. One of the issues central to Peachtree City’s argument was the city’s appeal to the GRTA decision to have the city participate in the Line Creek bridge project. Addressing Judge Goger, Jenkins said there was no other vehicle appropriate except the appeal to GRTA because jurisdiction of the matter falls to the authority. “The thing that catches my eye is the notion that the agency wants to impose conditions the city is contesting,” Judge Goger said in response. “But where in the process does a city have the opportunity to consider accepting or rejecting those conditions? It seems that Coweta had the opportunity. Can Peachtree City do that?” Jenkins’ answer was, “No,” adding that GRTA should be viewed as an authority that has the legislative sanction to make and apply rules relating to the McIntosh Village project since it fell under the Development of Regional Impact (DRI) process. login to post comments |