| Superior Court judge rules in 3 Forks favor
by Andy Phelan
andy@dekalbchamp.com
Adams |
DeKalb County Superior Court Judge Gregory Adams ruled Aug. 6 that the county broke zoning and contract bidding laws when it built a controversial $1.7 million path connecting two parks this spring.
It’s another chapter in the saga that began in February between an environmental group and the county over the South Peachtree Creek Trail, a boardwalk/concrete path that connects Medlock and Mason Mill parks just north of downtown Decatur.
A work-stop order was issued for the site, which is nearly complete. The county has filed an appeal and continues to work at the site despite the ruling.
But on Aug. 13, Adams issued a 30-day temporary restraining order against PATH Foundation and Lewallen Construction, a concrete company, which are building the trail. It forces the county to issue land disturbance permits and get a stream buffer variance.
Three Forks Heritage Alliance, which sued the county this spring to prevent it from sticking a three-quarter-mile path through its beloved woods, said the county did not follow its own zoning laws and did not bid out the project in accordance with local and state laws.
In particular, the Three Forks’ suit singled out PATH Foundation’s Executive Director Ed McBrayer and county Planning and Development Director Patrick Ejike.
PATH, which marries private donations with public money to build bike paths throughout metro Atlanta, they said, should have been but one bidder on the nearly $2 million project – but instead got the contract handed to them.
County law states that all contracts more than $100,000 must first receive approval by the Board of Commissioners. The contract in question did not receive board approval or go out to bid.
As for Ejike, the suit said as head of the Planning Department he should be enforcing county laws – such permitting the project and making sure it didn’t encroach on the creek – but instead allowed PATH to continue construction without any permits and allowed them to break state stream buffer laws.
Judge Adams agreed.
“The court finds that the project agreement between DeKalb County and PATH Foundation Inc. for the South Peachtree Creek Trail is null and void. The contract is a public works contract in excess of $100,000, which was not let by sealed bid and for which PATH is not the sole-source contractor.”
Concerning Ejike, Adams ruled that he simply hasn’t done his job.
“The public officer charged with enforcing the Development Code has refused the clear legal duty set forth in the code,” Adams wrote.
Ejike could not be reached for this report but McBrayer said, “we’re going to start bidding for projects from now on.”
But Three Forks attorney Brian Daughdrill, who said his clients have been vindicated by the ruling, indicated that 1,500 feet of the project “might have to be ripped up” because it’s too close and runs parallel to the creek.
He said the days of PATH and the county running roughshod over neighborhoods “is over.”
“If a private developer tried to do what PATH and the county did, they’d be shot down in flames,” Daughdrill said. “What they’ve built out there is illegal. PATH is not entitled to keep taxpayer money because of this ruling,” he said.
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