In an unfortunate turn of events, Judge Oliver did not grant The Orchard an injunction to stop the construction of an EMS radio tower within the subdivision, even though restrictive covenants are directly attached to the property’s deed. In his defense, to grant an injunction he must weigh the public need against harm to The Orchard.
Habersham County’s (HC) poor planning led to this ‘emergency,’ leaving Judge Oliver with a public need too great to ignore.
To explain, the current HC EMS radio system was constructed in 2010 and is based on a modified industrial/construction product that covers 65% of the county. HC claims this system is in disrepair and is woefully inadequate as it does not comply with today’s coverage standards of 90-95%. However, the coverage standards have been unchanged for over 20 years.
Did HC residents not deserve the same level of safety from 2010 to now, or were we just not worth the money? It appears that new municipal buildings, the county manager’s $190K salary, and various over budget projects were a better use of taxpayer money over the last 13 years. If safety is so important, why wait until the current system fell into disrepair to implement change?
In my opinion, the county had no plans to upgrade until the system fell into disrepair. If parts were still available, and federal funding from the American Recovery Act didn’t exist, I bet we would not be getting a new EMS radio system regardless of public risk. In any case, HC now has a crisis, and no government shall let a crisis go to waste.
Judge Oliver was curious why the lawsuit was taking place at the 11th hour, and here’s why. HC identified The Orchard lot three years ago but did not notify Orchard residents until January of 2023. Orchard residents expressed dissent about the location, and in the Spring of this year, county officials notified The Orchard they would seek alternate locations. It is important to note The Orchard offered to buy the lot back from HC for the cost to relocate the tower elsewhere (no cost to HC or taxpayers). HC declined this offer and come Summer, refused to use alternate locations, citing expense and marginally less coverage.
At this point, The Orchard sued to uphold its covenants. In an attempt to get a fair shake, The Orchard filed suit in Fulton County, but HC filed to move the suit back to Habersham. HC attorneys claim filing in Fulton was a delay tactic when in reality, this frantic mess was manufactured by HC to ensure victory. HC knew no local judge could rule against a new EMS radio tower, regardless of location, ordinances, or covenants, when the current system is so dilapidated all citizens are at risk.
I’m tired of government getting to throw out the rule book in the name of SAFETY, especially when said government is responsible for placing us in harm’s way. As far as this specific tower, all conflict could have been avoided three years ago, a few months ago, and even today. It is painfully obvious towers don’t belong in residential areas, which is why county ordinance forbade it.
During the November hearing, Judge Oliver himself asked county officials, ‘Who thought it was a good idea to put a tower in The Orchard?’ A great common-sense question HC should have pondered years ago. Orchard residents still express willingness to buy the land from HC for the cost of relocating the tower.
The Orchard has offered our county government free lunch, and HC chose to bite the hand that feeds them.
Richard J. Rumble
Clarkesville
