Judge upholds temporary
restraining order
by Andy Phelan
andy@dekalbchamp.com
Judge Gregory A. Adams |
DeKalb County Superior Court Judge Gregory A. Adams upheld a temporary restraining order against the county and the PATH Foundation on March 13.
It maintains the original order Adams issued March 5 after the county and PATH began construction on a controversial concrete and boardwalk path between Medlock and Mason Mill parks near Emory University despite an appeal by a group that opposes the project.
The judge ruled the county and PATH, which is building the half-mile trail, began cutting down trees and building silt and erosion control fences for the construction road “in disregard of the appeal” by the Three Forks Heritage Alliance with the Zoning Board of Appeals.
Any construction of the controversial project, known as the South Peachtree Creek Trail, is now suspended until at least April 7. The matter goes before the Zoning Board on April 9.
Assistant County Attorney Duane Pritchett argued that the county was not properly informed of the restraining order hearing last week, Three Forks folks are not harmed by the construction and even if the Adams did not find those compelling, Pritchett argued it’s not the court’s place to halt public projects.
But Adams disagreed and maintained the order.
“We’re very pleased,” said Three Forks’ attorney Brian E. Daughdrill of the ruling. He told Adams his clients do indeed have standing, and are harmed by the project.
“They can hear it, see it, smell it,” said Daughdrill, who will argue their case before the ZBA on April 9. “And I went above and beyond the call of duty to inform the county of the hearing,” he said.
The proposed trail has split residents in the Clairmont Heights and Medlock Park neighborhoods near the intersection of Clairmont and North Druid Hills roads north of downtown Decatur.
Tim Bryson, an Emory librarian who often rides his bike to work and lives in Clairmont Heights, favors building the path.
“Look, none of us are 100 percent on the idea – at least anyone who has considered it carefully, but I’m mostly in favor of it,” said Bryson, who gives the county and PATH high marks for working with the community.
“It offers a majority of residents much greater access and connectivity,” he said. “If it was virgin forest then I’d be on the other side, but it’s not.”
G. Stanley Gere visits the woods here to see plate-size turtles, beavers, and blue and green herons. He’s against the project, and happy it will get its day before the Board of Appeals.
“It’s one of the few places in the area you can go that has a north Georgia mountain feeling without having to drive more than two hours to find it,” Gere said. “PATH wants to give the impression there’s 100 acres just sitting there doing nothing, but that’s not so. This plan will degrade the woods terribly.”
Some, like Soil and Water Conservation District Supervisor Doug Denton, do not think there has been enough public input on the project.
“The court action taken by the neighborhood is a result of DeKalb elected officials not engaging citizens in a fair and open decision-making process,” he said, referring the commissioner Jeff Rader and Kathie Gannon who represent the area.
Jeff Mercante, a member of Rader’s construction oversight committee and resident of Scott Circle, said he had his doubts at first, but he’s been pleased with response from officials, especially PATH Executive Director Ed McBrayer.
“I don’t like cutting down trees either, but I am for what’s for the greater good,” said Mercante, who indicated the oversight committee would be on the job throughout construction. “We’re trying to protect a lot of what’s there by mitigating any damage.”
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