If Pathway Communities has

its way, a Superior Court judge will overturn the Fayette County Commission's

rezoning of its 364-acre parcel just north of Peachtree City on the westbound

side of Ga. Highway 74.

The property which was previously

zoned agriculture-residential was rezoned to R-70, which requires a minimum

lot size of two acres, on May 25, 2000. The action came after Pathway

requested a R-40 rezoning for a proposed 172-home subdivision, which was

denied by the commission.

The dispute is slated for trial

beginning Monday, Oct. 21, but it could be further delayed by a recent

motion from Pathway requesting that Superior Court Judge Johnnie L. Caldwell

Jr. recuse himself.

The motion claims Caldwell

had an ex-parte conversation with county attorney Phil Grant on setting

a new date for the trial due to the death of Grant's grandfather; the

judge set a new date without seeking input from counsel representing Pathway

Communities, the motion states.

Pathway attorneys, Caldwell "indicates a prejudice against the plaintiffs,"

according to the motion. Pathway is requesting an out-of-circuit judge

to hear the matter.

In the original complaint about

the rezoning, Pathway argues that the rezoning for two-acre lots "is

clearly a taking of the plaintiff's valuable property rights" and

"constitutes exclusionary zoning."

Those contentions were denied

The subdivision would be accessed

through an existing cut-through on Hwy. 74 at the intersection with Kedron

Drive, according to the suit. County officials reminded the court that

such access would also require an at-grade crossing of the CSX railway.