PTC leaning against appeal on GRTA suit

Fri, 07/20/2007 - 6:46pm
By: John Munford

TDK project still off despite GRTA requirement; city gets $200K refund from county

The Peachtree City Council isn’t anxious to appeal a judge’s decision that the Georgia Regional Transportation Authority has the power to require Peachtree City to build a four-lane bridge for the extension of TDK Boulevard.

Several council members said Thursday night that they don’t think an appeal would be wise, particularly since the city hasn’t suffered any ramifications yet. If the city fails to build the bridge by the time the McIntosh Village subdivision in Coweta County is completed, GRTA could withhold state and federal funding from future transportation projects in Peachtree City.

“The initial reaction was now we ought to appeal it because who are they to tell us what to do,” said councilwoman Judi-ann Rutherford.

But so far GRTA has not yet withheld any funds, and the widening of Ga. Highway 74 from Ga. Highway 54 to Cooper Circle is already underway.

“It’s kind of hard for us to claim that we’re injured when there has been no injury yet,” Rutherford added.

The crux of the city’s complaint is that GRTA is requiring the improvements to the TDK bridge as part of GRTA’s approval for the McIntosh Village project although Peachtree City has no control over the subdivision whatsoever since the project is located completely in Coweta County. But Fulton County Superior Court Judge John Goger didn’t see it that way, ruling July 6 that GRTA was within its powers to require the improvement.

Had the project been located in Peachtree City, the city council could vote to override GRTA's recommendation and avoid any potential penalty in state and federal transportation funding.

Last month council voted to halt work on the TDK extension project, which became controversial earlier this year when a Coweta developer announced a 3,100 home subdivision that would be built on the Coweta side of the road. Some Peachtree City residents felt the resulting traffic would choke Ga. Highway 74 during weekday commutes in particular.

Since then the city has received its $200,000 refund from Fayette County, which was going to build the project. The funds had been given by the city to go towards construction for the project.

Coweta officials have been critical of the city’s abandonment of the project, but several have said they look forward to working with the city on transportation issues in the future.

The city was in charge of engineering and right-of-way acquisition for the project.
Although the City Council was expected to discuss its legal options in executive session Thursday night, they took no formal vote relating to the issue, according to spokesperson Betsy Tyler.

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Submitted by CI5835 on Sun, 07/22/2007 - 12:23am.

I wonder why...maybe it's because they recognized they were wrong to start with and were wasting our money with another dumb lawsuit. 1) Created by the governor and state legistlature GRTA is governed by state law which takes precident. 2) Being a nonattainment county we are within the autorities jurisdiction and they can tell us how to build our roads. 3) TDK is going to happen sooner or later...why waste more money and burden the taxpayer more by build a 2 lane bridge of all things (not just a simple road) when 3-5 years down the road (no pun intended) it will ultimately be redone to 4 lanes adding more stress to our lives with another brilliant construction project (remember 54/34 into Coweta). Wake up PTC, we know you are just trying to look like you care about us.

Submitted by skyspy on Sun, 07/22/2007 - 10:47pm.

If TDK is built GRTA can make us put 4 lanes on it. There is no law in the world that says we have to build it. In fact time is running out. In a year that property will revert back to the original owners unless a road is complete.

coweta find your own way to I85.

Submitted by tonto707 on Sun, 07/22/2007 - 7:38pm.

but some bad assumptions.

To begin with, GRTA was created by the worst governor in my 50 +
year lifetime, King Roi Barnes. It has never been tested in court, ie, no appeal has been made by any nonattainment county so whether this law is constitutional or not has not been decided.

It is not a given that TDK 4 lanes is going to happen sooner or later.

Now, it does make sense to let another county pursue the matter in court and establish or forclose GRTA's ability to override a county's right to home rule. There's a lot of cost in lawsuits so I have no problem if a county like Cobb or Cherokee bear the cost of getting
a definitive decision from the state Supreme Court.

And timmy, watch your spelling boy, it's 'precedent', not 'precident'.

Sorry, had to do that.

Submitted by skyspy on Sat, 07/21/2007 - 6:37am.

GRTA should make coweta solve their own problems. It is bad enough we are building you people a free lake.

Tug13's picture
Submitted by Tug13 on Sun, 07/22/2007 - 8:12pm.

I drove down Fischer Road today. It's a beautiful area. Smiling


Submitted by McDonoughDawg on Mon, 07/23/2007 - 10:39am.

I looked on that area before settling in PTC. I was not impressed with the access to the Middle School at all, my son was entering 7th grade, and I could see the writing on the wall in the way Coweta will approve anything. Sams Club, etc, how exciting...and traffic generating. I'm glad I settled where I did.

4 Laning is probably coming soon for this road.

Submitted by skyspy on Sun, 07/22/2007 - 10:48pm.

I think it is beautiful too. I'm just saying they should not be able to push coweta traffic problem on us. They need to find their own way to I85.

Our city used to be beautiful, lets not ruin what little we have left.

Tug13's picture
Submitted by Tug13 on Mon, 07/23/2007 - 10:15am.

I really do understand what you're saying. Smiling

The builders and politicians have ruined a lot of areas. I remember how PTC and Fayetteville used to be.

But...I have a special interest in Fischer road. Smiling


Submitted by dollaradayandfound on Mon, 07/23/2007 - 1:09pm.

Developers always have a "special" interest, also.

Submitted by bladderq on Sun, 07/22/2007 - 11:21pm.

Ya'll better read the Sunday Newnan paper about the development. That Sam's Club is gonna be closer than Rockaway Rd to most of you.

Old school over there isn't too happy about what's gonna happen to their (Featherston Fishing Club) Wynn's Pond our Wynnmeade.

Am I the only one that thinks this lakefront property is undervalued and the cheapest "house" on the most expensive block? Location, location, location.

Submitted by bladderq on Sun, 07/22/2007 - 8:54pm.

Fischer Rd is my preferred route to Newnan over to raymond Hill thru 154 & the lovely Madras community on 29.

Read the Sunday Newnan Times article. You'll have to take the detour soon around the contruction.

Tug13's picture
Submitted by Tug13 on Mon, 07/23/2007 - 10:21am.

If you don't mind, will you tell me where the detour is going to be? Smiling


Submitted by bladderq on Mon, 07/23/2007 - 12:25pm.

http://times-herald.com/

Ya'll really ought to read their paper sometime.

Click on "News" then scroll down to Sunday.

The weather also has a link to PTC doppler radar & B'ham.

Submitted by bladderq on Sun, 07/22/2007 - 8:32am.

From the Sunday NTH:

"That heavy machinery perched above the intersection of Fischer Road and Highway 34 East won't be sitting idle much longer.

The developers of Fischer Crossings, the three-corner development that is proposed to have some one million square feet of commercial space by build-out, have received the first necessary permit for work to begin."

The way they are going about it the developer has avoid a DRI review for now. They do want some "elements" of PTC in the design.

Submitted by andrew on Sat, 07/21/2007 - 8:10pm.

Building us a free lake..... as I understand it this lake will be on line creek, which as you know is the county line, i think coweta should require you to build a dike along coweta's border so that none of the water from "your" lake comes on our property...... also the whole idea of GRTA is that all the metro counties have to work together to solve the transportation problems....

Submitted by dollaradayandfound on Sun, 07/22/2007 - 5:55am.

Are we to put paddle passenger boats on the dam?

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