Judge suspends construction of controversial path
by Andy Phelan
andy@dekalbchamp.com
Subcontractors dig trenches for silt fences at the entrance of the proposed path off Willivee Place on March 5. A county superior court judge suspended construction with a temporary restraining order. |
Superior Court Judge Gregory Adams issued a temporary restraining order March 5 after the county began construction on a concrete and boardwalk path between Medlock and Mason Mill parks near Emory University despite an appeal by a group that opposes the project.
Judge Adams ruled the county and the PATH Foundation, 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 the matter goes before the Zoning Board on April 9.
The proposed trail has split residents in the Clairmont Heights and Medlock Park neighborhoods, which are southeast of the intersection of Clairmont and North Druid Hills roads north of downtown Decatur.
Proponents say the half-mile project is a welcome addition that will allow seniors and young children greater access with gentler grades, and it will allow bicyclists easier navigation that will help alleviate congestion in the area’s traffic-clogged streets.
Opponents say the path would be too intrusive, fell as many as 600 trees and irreparably ruin their undisturbed green oasis. Plus, they say, part of the proposed path lies in a flood plain and they still have not secured rights from CSX to cross the train tracks.
Three Forks, which opposes the project, filed an appeal March 4 with the Zoning Board, challenging the land disturbance and stream buffer permits.
Adams ruled the county and the PATH Foundation’s chief Ed McBrayer Jr., who were both notified of the Three Forks’ claim, ignored the appeal and began construction anyway.
“This action is unconscionable,” said Three Forks member and Willivee Place resident Fern Garber, who lives across the street from where the construction road is being built. “The disregard for legal restraints and rules of conduct is reprehensible.”
Calls seeking comment by McBrayer and Director of Planning and Development Patrick Ejike, both named in the restraining order, were not returned.
But county attorney William Linkous said the county will challenge the order.
“DeKalb County will challenge the temporary restraining order because, unlike one major media outlet, it did not receive legally required notice of the TRO hearing from the Alliance,” said Linkous.
Retired Sgt. 1st Class Special Operations officer Jim McGlon, a Willivee resident for 33 years who fought in Korea and Vietnam, opposes the trail.
“It’s invasive and destructive,” he said. “It’s going to destroy part of the forest cutting all these hardwoods. What’s going to happen to the wildlife?”
Former Fulton County Planning Department employee Larry Fonts, 71, who lives in Emory Park, said he loves the parks and said the project will help improve access.
“Then path will highlight delightful historic features, connect two major parks, help ease traffic and provide greater access to the VA Hospital,” said Fonts. “Quite frankly I’m taken aback by some comments from people against it. There’s been 20 years of conversation about this path. It’s hardly a new thought.”
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