The temporary order that halted construction of the controversial trail in Brook Run Park was lifted by DeKalb County Superior Court Judge Tangela M. Barrie on Feb. 4.

City spokesman Bob Mullen said after the hearing that city officials do not know when construction will start.

Judge Barrie said the burden of proof rests with the plaintiffs and they had not done a flood analysis that would show how much damage might result from the building of the 12-foot wide concrete trail through the forest.

The lawsuit remains open. Jenny Culler, attorney for the original two plaintiffs, Beverly Armento and Rebecca More, and the 23 other plaintiffs who joined the case last week, said she feels certain they will want to continue the lawsuit. If that happens, Culler said they have requested a jury trial.

The city is facing a December deadline on the trail because of a grant they have received to build the trail. the grant expires in December.

“Our view is that we have 47,000 residents we have to concern ourselves with,” Dunwoody Mayor Mike Davis said after the ruling. “We understand the view of the plaintiffs, but we need to make our park available to our entire cast of citizens — the handicapped and moms with strollers.”

–Tom Oder

Joe Earle is Editor-at-Large. He has more than 30-years of experience with daily newspapers, including the Atlanta Journal-Constitution and was Managing Editor of Reporter Newspapers.