A hearing on the Temporary Restraining Order that has halted construction of a multi-use trail in Brook Run Park will be held on Jan. 4, before DeKalb County Superior Court Judge Tangela Barrie.
The hearing is scheduled for 4 p.m. in Courtroom 5-C on the fifth floor of the Judicial Tower in the DeKalb County Courthouse in Decatur to show cause why the city should be allowed to proceed with cutting or clearing of trees or other vegetation in the park to install the trail.
Plans call for the trail to be made from non-porous concrete, to be12 feet wide and for the removal of 335 trees that are in the path of the trail.
The motion for the TRO was filed by lawyer Jenny R. Culler on behalf of the plaintiffs in the case, Dunwoody homeowners Beverly Armento and Rebecca More.
The TRO was granted on Dec. 13 by Judge Mark Anthony Scott. It is in place for 30 days, until Jan. 13, according to the notice of the hearing.
The defendants in the case are listed in the hearing notice as the city of Dunwoody through Mayor Mike Davis and the members of the City Council.
“The hydrology report used to justify the project is fatally flawed,” Culler said of the trail plans after the TRO was issued. “This restraining order was necessary to ensure that the city doesn’t move forward with the destruction of hundreds of trees in Brook Run Park before the court has a chance to hear the matter.”
The cutting and clearing project was scheduled to begin today, Culler said last week.
The Lakeview Oaks Homeowners Association hired Dr. Brian Wellington to review the city’s engineering report to check the accuracy of its runoff assessments, Armento said Friday. Wellington, Armento said, is with the Atlanta firm New Fields, which she said assists in development decisions.
Armento has said previously that she is not opposed to the concept of the trail. It’s the portion of the trail through the forest, the 12-foot width of that portion, the number and size of trees to be felled, the planned construction material of non-porous concrete and the possible impact of sediment and storm water runoff from the concrete that concerns her.
“We’re relieved there will be no trees lost before the court can consider our case and we look forward to being heard,” Armento said late Monday afternoon.
Bob Mullen, Marketing and PR director for the city, has said previously that “The city cannot comment on pending litigation or ongoing legal proceedings.”