Chancery Court Hearing Set on County’s Request for Injunction to Keep Gate off Sunset Drive

A Chancery Court hearing date has been set on the county’s request for a temporary and permanent injunction to have Robert Grant Manning enjoined from erecting a gate across Sunset Drive in the Belk community.
Chancellor Ron Thurman will hold the hearing Monday, August 22 at 9 a.m. at the DeKalb County Courthouse.
County Attorney Hilton Conger filed the complaint with the Chancery Court on Friday, August 5 to obtain a temporary and permanent injunction on behalf of DeKalb County Road Superintendent Wallace “Butch” Agee, the plaintiff for the county in the case.
In June, the county commission voted to take Manning to court for blocking Sunset Drive with a gate. The county’s position is that Sunset Drive is a county road. Manning apparently disputes that claim.
In the complaint filed by Conger on Friday “Sunset Drive is a gravel road which runs generally north and south through the lands of the defendant (Manning) for a distance of approximately .2 of a mile and has been on the official DeKalb County Road list since January 26, 1998.”
“The defendant (Manning) has erected a gate across Sunset Drive where it intersects with the Allen Bend Road.”
“In December 2015, the county demanded that the gate be removed and in January, 2016 the Road Superintendent removed the gate.”
“The defendant (Manning) has recently replaced the gate across Sunset Drive and locked the gate with a log chain.”
“On August 1, 2016, the Road Supervisor once again with the assistance of the County Sheriff, removed the gate.”
“At least one other DeKalb County resident owns property which is served by Sunset Drive.”
“Unless restrained the defendant (Manning) will continue to obstruct Sunset Drive.”
“Unless this Court issues both temporary and permanent injunction, Plaintiff (County) and its citizens will suffer irreparable harm, the defendant (Manning) will not be prejudiced and the probability of Plaintiff (County) prevailing is great and the injunction will be in the public interest.”
The Plaintiff requests the court to issue a temporary injunction and a permanent injunction enjoining the defendant (Manning) from obstructing or in any way impeding access to Sunset Drive .
Manning has not yet filed an answer to the complaint in court.