A hearing has

been set in the current battle between Fayette County and the towns of

Tyrone and Fairburn over sewer service.

Both parties

are scheduled to appear Nov. 28 at 4 p.m. in Fulton County Superior Court

before Judge Constance Russell, Assistant County Attorney Dennis Davenport

told The Citizen Monday.

Tyrone is planning

to run sewer lines across the Fulton County line to Fairburn to provide

service for major developments in town.

Fayette County

went to court seeking a temporary restraining order that would stop construction

of the sewer lines, but a Fulton County Superior Court judge rejected

that request. Tyrone filed a countersuit to retrieve legal expenses incurred

while defending itself against further county action.

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.