Neighbors,
There has been lots of controversy surrounding the PATH pedestrian/bike trail that connects Mason Mill and Medlock Parks. I’m sure you’ve had articles and flyers stuffed in your mailbox by 3 Forks Alliance, a group who claims to represent the neighborhood and the environment. They represent neither. They are a “not in my backyard” group who wants to limit access to Mason Mill Park by having the current boardwalk/cement trail removed. Your tax dollars paid for the trail and it would be a waste to have it removed. It’s a well constructed bike/path trail that will connect Medlock and Mason Mill Parks, the library and eventually Emory University. The PATH Foundation, a nonprofit organization, was contracted by the county to build the trail. They have paid for ½ of the construction costs ($600,000) as well as future perpetual upkeep of the trail.
3 Forks has stopped construction of the trail with an appeal to the Supreme Court. They want the current construction which includes the boardwalk, bridge and cement path ripped up so there is no access or connection between Medlock and Mason Mill Park. 3 Forks also wants the official entrance to Mason Mill Park on Willivee Place hidden to discourage use by our neighbors.
The trail by PATH has already become an active part of our neighborhood. Kids and parents walk and bike there and neighbors meet there. It would be a shame to see this vital asset to our neighborhood disappear.
If you want to see the pedestrian bike trail joining Mason Mill and Medlock Parks completed, please email your commissioners, CEO, Burrell Ellis and Judge Adams.
Commissioner Jeff Rader jrader@co.dekalb.ga.us
Commissioner Kathie Gannon kgannon@co.dekalb.ga.us
CEO Vernon Jones ceo@co.dekalb.ga.us
Burrell Ellis Burrell@BurrellEllis.com
Superior Court Judge Adams gaadams@co.dekalb.ga.us
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The County Development Office appealled the ruling to the State Supreme Court, not Three Forks Alliance. A County Judge ruled in favor of Three Forks Alliance.
ReplyDeleteOf course, County taxpayers pay for all of the legal melodrama and delays in construction of the trail.
Too bad our cowardly BOC simply would not have a hearing to put a stop to all of this costly and chaotic insanity. Or maybe that is their real position - siding with the Development Office and PATH. Who would have thunk?
Before writing these officials, please be clear on what did happen:
ReplyDeleteThree Forks won a TEMPORARY RESTRAINING ORDER in DeKalb Superior (State Court). This ceased construction on the path FOR ONLY 30 days.
Rather than allowing arguments and evidence to continue in the State Court at the County level, the County has appeared to cut to the chase: It appealled the Temporary Restraining Order all the way to the State Supreme Court.
This is quite fascinating. It will cost the County taxpayer much more for this legal maneuver than it would have to have allowed a more typical due process to occur in the local Superior (State) court ... waiting and arguing through the temporary nature of this restraining order ... unless the County is not confident in Superior (State) Court Judge Adams ... or has some other more over-arching stance to defend affecting other development projects, or future heavy-handed moves contemptuous of select property owners ... or just wants to bully Three Forks by driving-up their legal costs!
I am not sure what affect the appeal would have on the 30 day restraint.
Burrell Ellis is a development attorney. Surely he knows what to do.
Write him.
Clairmont Heights Neighbor:
ReplyDeleteCan you publish just ONE opinion about the SPCT without distorting every "fact" you talk about?
As has already been pointed out, Three Forks did not appeal anything. Three Forks won a mandamus case against Dekalb County which forces Dekalb County to obey their own laws. When you win you don't have to appeal! Dekalb County (who apparently DON'T want to obey their own laws) have appealed the mandamus decision to the Georgia Supreme Court. Since PATH and Lewallen admitted to all the charges by default, it's very difficult to see how the appeal (BY DEKALB COUNTY) has any chance of success. As another responder has pointed out, the County's whole mode of operation has been to keep running up Three Fork's legal bills until we quit. It doesn't seem to be working.
And can you show me ANYWHERE, where Three Forks has ever suggested hiding the entrance to Mason Mill Park? I have no idea what you are talking about or why that would even be desirable. It definitely WOULD be desirable to remove most or all of the gravel superhighway that Lewallen built at the park entrance.
There is a particular person who is very involved with Three Forks who has engaged in a lengthy battle to have park signage removed at the access point on Willivee Place. Before the construction, she'd succeeded in getting it moved back into the trees so you really couldn't see it. She also wanted "no parking" signs. She didn't like people who didn't live on the street to come and park their cars near her house in order to enter the park because they were loud, or littered, or were just generally inconsiderate.
ReplyDeleteSo it is true that it was not an effort of Three Forks, but it was an ongoing campaign of a very prominent member of Three Forks to discourage the use of the park by discouraging access from Willivee Place.