Fayette County attorneys this

week are asking a Fulton County judge to set a date for a hearing in the

county's attempt to void an agreement in which the town of Tyrone would

buy sewer capacity from the city of Fairburn.

"I'll be getting with

somebody from the judge's office to try and push this thing along,"

said Dennis Davenport, assistant county attorney.

Davenport is asking Fulton

Superior Court Judge Constance Russell to grant an interlocutory injunction

to stop Fairburn's construction of sewer lines that will allow the town

to connect to Fairburn's new sewer plant in Fulton County. Meanwhile,

Tyrone has countersued, asking for attorney's fees in the dispute (see

related story).

County officials contend that

the agreement between the two cities amounts to provision of sewer service

doesn't allow.

Tyrone's sewer lines will run

through a small portion of unincorporated Fayette County, and the county

also maintains that its permission should have been sought before the

agreement was negotiated.

Lawyers for Tyrone and Fairburn

argue that Fairburn is not providing sewer service inside Fayette, since

it is Tyrone that is laying the sewer lines and has contracted with two

local developments to provide sewer service. Tyrone's charter allows the

town to provide sewer service outside its borders, but lawyers argue that

the point is moot, because the town has no plans to provide service in

unincorporated Fayette.

The county lost round one in

the dispute as Fulton Superior Court Judge Alford Dempsey denied its request

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

sewer lines for 30 days pending a hearing on the injunction request.

Dempsey ruled that the county

did not show sufficient cause to stop the construction. "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 because Tyrone will be the entity

providing sewer service for its own residents.

"Fairburn isn't trying

to provide sewer service inside Fayette County," 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 Town Manager Barry Amos,

says 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 as well.

Tyrone's and Fairburn's attorneys

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

Fayette County in any way.