Argues new development infringes upon town’s rights to provide sewer, water service.
Braselton is taking its neighboring city, Hoschton, to court over which municipality will provide water and sewer service to a new, large-scale subdivision.
On Thursday, the Braselton Town Council met behind closed doors for 30 minutes to discuss “pending or potential litigation.” The council later voted to file suit against the City of Hoschton, which was done on Monday.
The suit contends that when the Hoschton City Council recently approved an annexation and rezoning request for a proposed 302-lot subdivision on Maddox Road and Ga. Hwy. 124, the city violated state law. That law — House Bill 489, also known as the shared services delivery agreement — outlines which governments can provide which services, such as water and sewer services, without duplicating services. Braselton contends in the lawsuit that when the Hoschton City Council voted 3-2 last week to approve Hampton Homes’ request for the Maddox Road property, the city violated state law. Braselton officials say the property is located in the town’s water and sewer service area. The town will “aggressively defend its right to serve its territory,” according to the lawsuit.
“There will be irrevocable harm to the Town of Braselton and area residents if any action is taken in furtherance of Hoschton servicing the subject area with water and wastewater,” the suit states. At last week’s Hoschton City Council meeting, it was mentioned that approving the Hampton Homes proposal could bring an estimated $2.2 million in revenue to Hoschton in water and sewer tap fees. Hoschton has state loans totaling $5.6 million to improve the city’s wastewater treatment plant.
Braselton officials are asking the Jackson County Superior Court to place a temporary and permanent ban on Hoschton from issuing any permits for the property and prohibit providing, installing or planning for water and sewer service to the site.
Hoschton mayor Bill Copenhaver said Tuesday that he had not seen the lawsuit and didn’t want to comment about it
SOURCE: Kerri Testament from MainStreetNews.com
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