Intrenchment Creek Park Legal Challenge
December 29, 2023 - The decision issued by State Superior Court Judge Stacey Hydrick refused to stop the unprecedented “land swap” of ICP by DeKalb County to Ryan Milsap (Blackhall Studios). This ruling establishes the precedent of trading public land for private gain and continues the pattern of devaluing environmental health in predominantly Black south DeKalb County for the financial benefit of private development.
SRWA and plaintiffs are reviewing the decision to determine the best course of action.
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Three legal challenges that could decide the fate of the police training facility remain in play:
Let the People Decide Voter Referendum
The right of Atlanta's citizens to decide the fate of the police training facility (aka Cop City) through a voter referendum, was argued in federal court before the 11th Circuit Court of Appeals on December 14th. The court's decision is pending.
Irreparable Harm to Intrenchment Creek
In violation of the Clean Water Act and GA Water Quality Control Act, sediment from the police training facility development is choking the life from Intrenchment Creek (IC). This disregard for the law is the basis of two ongoing legal challenges filed initially in federal court August 2023 and state court July 2023. A temporary injunction hearing was held in federal court November 15th to stop construction at the site until the case is heard in its entirety. The appeal of a State Administrative Law judge's claim that no harm is being done to IC was appealed December 29th. Decisions in both cases are pending.
Ensuring Title VI Civil Rights:
Equal Protection Under the Law for DeKalb Communities
Citizens living near the police training facility construction site are being denied equal protection under the law guaranteed by Title VI of the 964 Civil Rights Act. The Environmental Protection Agency (EPA) is allowing this injustice to take place. On October 31, 2023, SRWA filed an administrative complaint with EPA describing, in detail, the basis of the claim citing both intentional and unintentional discrimination. The agency has 180 from the date the complaint was filed to investigate and respond to the complaint.
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