'Work must stop'
by Andy Phelan
andy@dekalbchamp.com
Photo by Andy Phelan
A worker from Lewallen Construction Co. clears debris April 11 from the trail where the county is building a concrete path to connect two parks near Emory University.
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The DeKalb County Zoning Board of Appeals ruled April 9 that construction must stop on the controversial project to build a concrete and boardwalk path between Medlock and Mason Mill parks near Emory University.
Voting 4-2, the ZBA upheld an appeal by a neighborhood group that opposes the county project, saying that while a second appeal is pending in May all work must cease.
“Work on this project must now stop,” said ZBA member Bob Lundsten, who voted in the 4-2 block. “We uphold the appeal based on the procedural argument.”
The Three Forks Heritage Alliance, which opposes the project, sought a temporary restraining order to halt construction after the hearing on Wednesday. Superior Court Judge Gregory Adams will hear the case April 14.
Three Forks received a temporary work stoppage from Adams March 5 after the county ignored a previous Three Forks appeal and began construction anyway. The group was denied a second temporary restraining order on April 2.
Construction of the path began again April 7.
Calls by The Champion seeking comment as to whether the county will honor the ZBA ruling and halt construction until Adams makes a ruling were not returned.
As construction continued April 10 and 11, it highlighted a continuing trend ZBA member Lundsten referred to during the hearing – that the county is ignoring many decisions made by the Zoning Board of Appeals.
Lundsten called the Three Forks case a “home run” to show that the county isn’t even following its own rules.
“How do we get this county to respect the actions of this board?” said Lundsten. “In previous administrations, any action or decisions by the ZBA were final.”
Three Forks member Maurice LeCroy stood in front of a truck Friday morning trying to stop construction. He told the subcontractors and police officers at the scene that he was “making a statement to the public and to DeKalb County government.”
When confronted by police, LeCroy and other concerned residents stepped aside.
The county is building the $1.7 million project with the PATH Foundation, a non-profit that has built more than 100 miles of trails throughout metro Atlanta.
County officials, including Public Works Director Ted Rhinehart and Planning and Development Director Patrick Ejike, who oversee projects and land planning for the county, told the ZBA that there should be no appeal because it was based on permits and variances issued for the project.
“The permits were issued in error,” said Rhinehart. “It’s a public transportation project, on public land, paid for with public money. We don’t need the permits.” Rhinehart called the situation an “unfortunate confusion.”
Rhinehart said the permits were voided March 20, and therefore makes any appeal by the group moot.
But Three Forks attorney Brian E. Daughdrill, who argued the case before the ZBA, said the county development code indicates the ZBA’s ruling should be followed.
“The ZBA’s decision becomes that of the county,” said Daughdrill. “Their decision supersedes [that of] the planning director.”
Rhinehart and Ejike, disappointed with the ruling, called it a “bait and switch” because the appeal on the agenda was based on permits and variances not how procedural issues should be legally interpreted.
ZBA Chair Bonnie Jackson said procedural issue “are always applicable.”
Known as the South Peachtree Creek Trail, the county project has split residents in the Clairmont Heights and Medlock Park neighborhoods, just 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 President Bill Gowen, who said construction had already wreaked havoc with trees and wildlife, was cautiously optimistic over the ruling.
“From what I'm hearing, they must stop construction,” he said. “We refuse to accept defeat.”
But PATH Foundation Executive Director Ed McBrayer said the county has told him to keep working.
“We work with the [county] Transportation Department, and they have instructed us to continue work,” he said. “We also were told by the DeKalb County Superior Court that we can continue, so we plan to do just that.”
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