hbragg@statesboroherald.com
After a brief executive session during a special called meeting Tuesday evening, Bulloch County Commissioners voted to file a lawsuit against a local developer and his partner.
County attorney Charles Brown told commissioners Michael Henderson and partner Mary Foreman have consistently ignored orders from Bulloch County Code Enforcement to rectify violations on Cypress Lake Road near Old Riggs Mill Road and on Evergreen Drive in the Pine Forest Subdivision.
Brown said Henderson and Foreman are responsible for "hauling in fill dirt without a permit" to the Cypress Lake Road site. He said the fill dirt has eroded due to improper installation and the lack of precautions necessary, such as sit fence, and has "obstructed a ditch, causing flooding of at least one residence" in the area.
Silt and sediment has been flushed into streams, and the area shows "substantial erosion," a violation of state and local laws, he said.
Code enforcement officer have "tried to get (Henderson) to stabilize" the areas, but "he refuses," Brown said.
He recommended the Board of Commission make a motion to file suit against Henderson and Foreman.
"We seek to go to Superior Court ... and get an injunction to direct him to cease all activities ... and remediate ..." Brown said.
Commissioner Anthony Simmons made the motion to file suit, and Commissioner George Jackson gave a second to the motion. The vote was approved unanimously.
A woman answering a telephone listing for Henderson answered "Wise Choice Realty" and said Foreman owned the company. The unidentified woman said she would give both Henderson and Foreman a message, but neither returned a call seeking comment Wednesday.
Calls to a listing for Foreman's residence were unanswered as well.
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