In front of a supportive standing room only crowd, the Fayette County Commission voted Thursday to file a lawsuit against Peachtree City Council to force a reopening of blocked Crabapple Lane.
The council — at the request of some residents of Kedron Hills subdivision — more than two years ago blocked the road at the city limits so that both motor vehicles and golf carts could no longer access the road into the city.
That caused some hardships to Tyrone residents who used that way into Peachtree City. The commission pointed out that no other such entrances into the city were blocked off from county residents.
The entire commission also voted to continue negotiating with the city council to get some relief from the blocked access.
The council has been unyielding in its stance to block the only northern golf cart entrance into the cart path system, the commission noted.
Question for anyone who might be an attorney or play one on TV: does the county have standing to sue? Certainly, a resident of Tyrone is also a county resident, but as a PTC resident, if I claim injury from a PTC ordinance, I can’t just appeal to the county to overturn it.
Yes, they have standing, because it is a County road. The County is harmed by a closure of one of its roads.
I’m with Hometown on this. I also believe municipalities should seek relief from nuisances. Tyrone has had opportunities and not responded. Let the Court decide. This shouldn’t be an expensive legal battle.
If I remember correctly, the city of Tyrone Knew what they needed to do to avoid this, and yet they took no action. I remember their mayor speaking at one of our council meetings, and indicating that they needed more time which they were granted, and still did nothing.
Come on City and County….get it together and open it and pave it. Stop wasting out tax dollars
PTC closed the road illegally. A municipality cannot close a county road under Georgia law. Crabapple Lane is a county road. Also, closure is a fire code violation. Subdivision with over 120 homes requires at least 2 entrances. Kedron Hills has 238 homes and now only one entrance!
Got a link?
OCGA 32-4-92(a)(7): “a municipality may regulate and control the use of the public roads on its municipal street system and on portions of the county road systems extending within the corporate limits of the municipality.”
Court will have to decide whether complete closure falls within “regulation and control [of] the USE” of a road.
To both City and County…just get it open and PAVE IT!
Wasting time and money! The county never cared enough to even pave and care for that road. SMH