Lawsuit over stalled Albany rails-to-trails project to continue

Caption

A portion of yet-to-be construction trail in Albany, Ga., is seen.

Credit: South Georgia Rails to Trails, Inc.

A Superior Court judge in Dougherty County is letting a lawsuit go forward against the city of Albany, Ga., over a planned 13-mile rails-to-trails project.

The city and a nonprofit group, South Georgia Rail Trails (SGRT), are at odds over the trail’s construction timeline.

When the organization gave the city land to build the trail on a former rail bed linking Albany and Sasser, Ga., in 2015, the city agreed to build it within five years.

That time passed in 2020, and two years later, with no trail even started, the group sued for breach of contract.

The organization’s attorney, former Dougherty County commission chairman Chris Cohilas, told GPB that the delays are frustrating SGRT members and the public in general.

“This is not hard,” Cohilas said. “It’s not hard at all.  It’s basically a big sidewalk that runs for 13 miles.”

He questioned the city’s desire to build the trail.

But in their legal response to the lawsuit, city attorneys denied the city breached its contract with the organization.

City commissioner Chad Warbington has been taking the lead in talking to the media about the project.

He told GPB that even though the city still doesn’t have a construction timeline for the trail, Albany is making progress on it.

“We actually have bids out right now for a design firm,” Warbington said. “So all that’s going on — despite this silly litigation.”

He blames the trail’s delays on unexpected challenges in getting full funding for it, such as more urgent city spending priorities following Hurricanes Michael and Irma and the COVID-19 pandemic.

Both sides agree that the trail would benefit South Georgia.

“It improves our quality of life and health outcomes,” Warbington said. “Commercial development typically happens around these trails.  So, overall for the citizens of Albany, it’s a win.”

Cohilas noted that South Georgia has lagged behind other regions of the state in building trails for people to bike, walk and run — trails that are likely to prove popular, as has occurred with the Atlanta BeltLine or Silver Comet Trail in Smyrna, just northwest of Atlanta.

In his April 25 ruling, Dougherty County Superior Court Judge Willie Lockette denied the city’s motion to dismiss the case, meaning it could go to trial.

In its complaint, SGRT wants the city of Albany either to build the trail as promised or issue the organization damages amounting to $7 million, the estimated cost of building the trail.