SRCA NEWS
Judge rules roads belong to Cherokee (May 9,2008) Two roads are back in unincorporated Cherokee after a hearing Thursday in Cherokee County Superior Court. Judge Jackson Harris ruled in favor of the county government when he ruled that portions of Sixes and Marble Quarry Roads were not completely annexed by the Holly Springs City Council. The county in June filed a suit against the Holly Springs city government, challenging the city's 1988 annexation of the two roads. In the lawsuit, the county claims the city, at the time of the annexation, did not adopt a resolution or take any action to complete the annexation. "The acts in 1988 was a failed attempt in a really big way," Angela Davis, attorney for the county, said in her argument. "You can't just violate any statute. There are laws that matter." In his ruling, Harris acknowledged the city failed to complete the annexation. Robert Dyer, attorney for Holly Springs, argued that then-sole county commissioner Gene Hobgood had the authority to turn over roads to the city. "He had the power to do it, he did it and the county has acquiesced," Dyer said. "You can't go back and challenge your own actions that others have relied on." Mrs. Davis said the decision puts the roads back into the county and nullifies the annexations of a church at the corner of Marble Quarry and Sixes Roads and a group of annexations last year that includes about 13.5 acres on Sixes Road near Marble Quarry Road. She said the county would have to study whether any other properties are affected by the ruling. Holly Springs Mayor Tim Downing said the city is considering what steps to take next. "We are respectful of the judge's opinion," he said. "Right now, we are evaluating our options." Dyer said an appeal is likely. He said it is up to the city to seek damages for the cost of resurfacing Marble Quarry Road in 2005, a decision that would be determined by a jury. County Commission Chairman Buzz Ahrens called the decision a victory for the county. "Obviously, we are pleased with the decision," he said. "The original intent was certainly justified." The Georgia Supreme Court will hear oral arguments in a separate hearing regarding a lawsuit filed by the county against the city over annexations last year in the Hickory Flat community. That case is scheduled for May 20. The suit filed last October by the county government challenged a group of annexations up to Hickory and Morgan Roads the city made dating back to the late 1990s. One of the annexations was the property on which the Harmony on the Lake neighborhood was built. afuller@cherokeetribune.com |
 Cherokee County Allocates Tree Funding
The Cherokee County Engineer's office will be taking bids to plant and initially maintain 67 Willow Oak Trees in the Sixes Road medians. SRCA President, Louis Tooker, recently met with Craig Henschel, Cherokee County Arborist, to get further details. The decision by the County to plant trees in the median is prompted by Sixes Road being the first "parkway-style" roadway constructed in Cherokee County. The County will also be allocating funds for trees on the newly-widened Eagle Drive. The current plan is to plant two inch caliper, ten foot tall Willow Oaks at a distance of forty feet on center, surrounded by a three inch deep mulch bed. The forty foot distance will allow sufficient soil volume for the trees to get nutrients and grow well. This location of the trees is also planned in conjunction with the traffic engineer to allow appropriate visibility for vehicular traffic. The trees will be planted likely in late October or early November. Typically, it takes two years for a tree to successfully establish and the SRCA is concerned as to how the trees will be watered should there be a continuation of our current drought. The Willow Oak is pretty drought tolerant once established. The SRCA is also working diligently to review funding potential from commercial owners to see if supplemental funds can be generated to allow for slightly larger trees to be planted with the same warranty requirements. Here are a few specifics about the Willow Oak. Also known as peach oak and swamp chestnut oak: this tree grows on land left by sediment runoff at the mouth of rivers and therefore has a shallow root system. It grows well in shady, poorly drained areas in the Atlantic and Gulf coastal areas, and Mississippi valley region (humid and temperate climates with long, hot summers and mild, short winters). The Willow Oak grows 60 ft. tall quickly and has dropping lower branches and slender side branches with pale green leaves that turn yellow in autumn. In addition, the Willow Oak is an important source of lumber and pulp and is a popular street tree and ornamental in the southern United States. The planting of trees will accelerate the initial landscape plan for Sixes Road by at least twelve months and we appreciate the assistance from Geoff Morton, the County Engineer, and Karen Mahurin, our County Commissioner, in recognizing the efforts of our SRCA to enhance the Sixes Road parkway landscape. |