Supporters of Chariots of Fire

Ministries are weighing their options in the wake of a judge's dismissal

of their lawsuit against Fayette County.

Retired Fulton Superior Court

Judge John Langford Monday ruled that the Fayette County Commission was

within its rights when it refused the homeless ministry permission to

hook onto Clayton County's sewer system.

"We argued that they had

not shown either a clear legal right to relief or that the county had

abused its discretion," said assistant County Attorney Phil Grant,

"and the judge agreed."

Following presentation of the

plaintiff's case, Langford granted the county's motion for judgment.

A sometimes tearful Bishop

Luther Graham, director of the ministry, told of numerous unsuccessful

efforts to resolve the failure of the septic tank at his home, 1666 Ga.

Highway 138. Graham lives in the five-bedroom home with his wife and two

children, his housekeeper and her child.

In a 9,000-sq. ft. garage on

the two-acre property, Graham also operates Chariots of Fire Ministries,

which works to find temporary housing and permanent employment for people

who have recently become homeless or for spouses in cases of abuse.

The garage has a small septic

system that has not failed, and it has a bathroom and shower, which the

family uses. Graham said the children have to get up at 5 a.m. and go

to the detached garage to get ready for school. Water to the three bedrooms

in the home and to its kitchen has been turned off to help reduce the

amount of water going into the failed septic system, and the system has

been pumped out weekly ever since the problem arose, he testified.

Graham's attorney, Brian Spears,

argued that the county's decision to refuse access to Clayton's sewer

system, which runs right next to the house, was arbitrary because the

county has no guidelines for making such a decision. He said the court

also should overrule the county because the ministry has exhausted all

avenues and there's no other solution available.

But assistant County Attorney

Phil Grant said there is a viable solution the ministry can remove all

the dirt on the property and replace it with new fill dirt that will accept

a new septic system.

"The likelihood of approval

of such a system is very high," said Grant, "yet they're asking

the county to allow in another county's sewer system."

As for not having guidelines

for deciding whether to grant Graham's request, Grant said guidelines

aren't needed. "I can think of numerous requests that you could come

before the commission and ask for things to be done that would be off

the wall and then say we don't have any guidelines for making that decision,"

he argued.

Langford summed up his feelings

in the matter right after the lawyers' opening statements. "He bought

property in a county that doesn't have a county-wide sewer system,"

he said shrugging. "That's the problem as I see it."

Langford heard the case because

all four Griffin Judicial Circuit judges who operate in Fayette County

disqualified themselves, saying it represented a conflict of interests.

And the case was moved to a Spalding County courtroom because of lack

of space in Fayette's courthouse.

In his testimony, Graham said

replacing the dirt on the property would cost $20,000 to $25,000, a good

bit more than hooking onto Clayton's system, with no guarantee of success.

"But there's never a guarantee that a septic system will work, is

there?" Grant asked him on cross examination.

"We're talking about whether

to take it to a higher court," said John Ford, a member of the Chariots

of Fire Board of Directors, following the ruling Monday.

He said the decision should

be made sometime this week.