Chariots of

Fire Ministries will take its case for sewer service to a higher court.

Supporters

of the homeless ministry say they will appeal a Superior Court judge's

ruling that Fayette County is within its authority in refusing to allow

the ministry to hook onto neighboring Clayton County's sewer lines.

"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, Judge John Langford granted the county's motion

for judgment.

Bishop Luther

Graham, director of the ministry, has made 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.

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 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."

That solution

is no solution at all, said John Ford, a Realtor who helps support the

ministry and is on its board. Ford said the ministry is seeking donations

to help pay the cost of filing an appeal, but is having trouble getting

a copy of the judge's ruling in the Sept. 25 hearing.

Ford said ministry leaders also are talking with officials

of the U.S. Department of Housing and Urban Development in hopes to agency

has the legal authority to order Clayton County to serve the property.

And leaders also have met with Clayton County Commission

Chairman Crandle Bray, he said, adding that Bray has promised to talk

with Fayette commissioners and urge them to change their minds.