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 cities

won round one last week as Fulton Superior Court Judge Alford Dempsey

denied Fayette's 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.

Fayette 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.