City to appeal to dirt ruling

The city of Athens has 30 days to appeal a decision filed April 9 in the Athens County Court of Common Pleas regarding the excavating of fill dirt on Hope Drive.

"We worked it out, and the last day we have to appeal to the Fourth District Court of Appeals is May 9," said Lisa Eliason, Athens city prosecutor.

In the decision, Common Pleas Judge Alan Goldsberry ruled that the excavating at a Hope Drive site was illegal because it was taking place in a residential zone, according to court records. The suit was filed by the Athens Metropolitan Housing Authority against city officials and J.B. Hayes Excavating and Pipeline, 758 W. Union St.

Goldsberry also issued a permanent injunction barring the Athens Code Enforcement from issuing permits to contractors who are going to excavate dirt for the primary purpose of off-site sales, according to court records.

An injunction against surface mining in residential areas also was issued, according to court records. Therefore, no other companies can do similar excavating in that area.

- by Rob Chalifoux