Fayette County attorneys

sometime this week hope to set a date for round two in the county's quest

to put a stop to an agreement for sewer service between Tyrone and Fairburn.

The county lost round

one Friday as Fulton Superior Court Judge Alford Dempsey denied its request

for a temporary restraining order to stop Tyrone's construction of sewer

lines to tie into the Fairburn system.

Assistant County Attorney

Dennis Davenport said he is still seeking a hearing on the county's request

for a permanent injunction.

During the Friday

afternoon hearing, Dempsey ruled that the county did not show sufficient

cause to stop construction of sewer lines under the agreement between

Tyrone and Fairburn until after the hearing on the injunction request.

"There doesn't

appear to be imminent harm" from the continued construction, Dempsey

ruled. The county's interests will still be served, in the event that

it prevails in the injunction, without the temporary restraint, he said.

"There won't

be any functional sewer lines if you ultimately prevail," he said.

Dempsey also rendered

a first-flush opinion that the county's case is flawed.

Much of the case hinges

on the fact that, although Tyrone's town charter allows it to provide

sewer service outside its borders, Fairburn's does not.

Under the agreement

between Tyrone and Fairburn, the Fayette town will extend sewer lines

into Fulton County, and the Fulton city will then treat sewage pumped

through those lines at its sewer plant under construction in Fulton County.

Davenport argued that

Fairburn has no charter authority to provide sewer service beyond its

borders, and Tyrone's extension of lines to tap into Fairburn's system

does not constitute provision of sewer service.

"Tyrone's not

the focus," he argued. "They're not building a sewage treatment

plant."

"It is the court's

opinion that still is providing sewer service," said Dempsey. "Fairburn

isn't trying to provide sewer service inside Fayette County."

Dempsey praised Davenport

as well as Ted Meeker, attorney for Fairburn, and Laurel Henderson, representing

Tyrone, for their presentations in the case. "I appreciate good lawyering,"

he said.

Tyrone officials approved

the agreement with Fairburn Oct. 18 to purchase Fairburn's excess capacity

at its new wastewater treatment plant.

County commissioners

had frequently threatened to file legal action to stop the agreement as

discussions between Tyrone and Fairburn have progressed, saying the agreement

will require extension of sewer lines through unincorporated Fayette County,

and that requires that the county grant permission.

County leaders say

the availability of sewerage in the area could spark high-density development

that's not in keeping with the county land use plan.

Tyrone officials say

there's no plan to provide sewerage to anyone other than Tyrone residents.

The town's contract is for 250,000 gallons of capacity, which will be

used for the John Wieland Homes housing development under construction

on Ga. Highway 74. The development includes a commercial area being built

Tyrone's and Fairburn's

attorneys argued that the agreement between the two municipalities doesn't

affect Fayette County in any way.

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