City will appeal excavating decision

by Rob Chalifoux
Staff Writer

The city of Athens is planning to appeal a ruling rendered last week in the Athens County Court of Common Pleas regarding the legality of excavating fill dirt from a residential area.

"We're a little unclear with the ruling that was made," said Lisa Eliason, Athens city prosecutor. "We will be appealing to the court of appeals."

The ruling was in regard to a suit brought against the city last year by the Athens Metropolitan Housing Authority, according to records from the Athens County Court of Common Pleas. Judge Alan Goldsberry ruled against the city, which prohibits further excavating on Hope Drive.

But the city is unclear whether the ruling applies to this residential area or to all residential areas, Eliason said.

"I think that the law in this case is very clear," said William Grim, attorney for the AHMA.

The AHMA argued that the city was violating its own laws by allowing Brent Hayes, owner of J.B. Hayes Excavating and Pipeline, 758 W. Union St., to excavate fill dirt from a site he owns on Hope Drive. They also argued that this excavation presented a danger to a nearby apartment complex, which is owned by the AHMA, according to court records.

In response, the city argued that the excavating is legal because Hayes did apply for and receive permits required for the excavation, according to court records.

A three-judge panel in the 4th Circuit Court of Appeals will decide the issue, Eliason said. Although a decision can be made at any time, it typically takes several months to a year for the court of appeals to render a decision.

Before the city can file the appeal, it must wait until the courts have filed the journal entry on the ruling. The city then will have 30 days to appeal, Eliason said.

"They have a right to appeal within thirty days," Grim said. "(But) I do not believe any appeal would be successful."