RINGGOLD, Ga. — Catoosa County commissioners voted unanimously Tuesday to take a dispute over a tree service on Deitz Road to a judge.
Residents from Deitz Road attended a meeting last month, complaining that ASAP Tree Service, operated by Craig Burchfield, creates noise and an eyesore. The county issued a cease-and-desist order against Burchfield, but he was allowed to go back to work once he complied with zoning requirements and ordinances.
Two weeks ago, commissioners placed an item on the Tuesday agenda, calling for a vote on whether to sue Burchfield.
After the meeting, Commission Chairman Keith Greene said the commissioners hope for a “second opinion” from a judge that would support the county’s opinion.
Neighbor Jeff Hutchins said he is glad the county took the action.
“We’re just banking on the judge or jury making the right decision,” he said.
Burchfield, who has been operating the service for six years at the site, said he was surprised by the decision and thought his issues with the county were behind him when he met the zoning requirements and the cease-and-desist order was lifted.
“I thought this was over a month ago,” he said, leaving the County Administration Building. “I’ll do what I can to stay in business.”
During the meeting Tuesday, ASAP critics and supporters took the podium. Burchfield, his attorney and one of his employees portrayed him as a hard-working business owner who is being harassed by neighbors angry about a property line dispute.
Burchfield’s attorney, Larry Stagg. told commissioners that, if they chose to sue, they would lose because of discrepancies in the county ordinances.
Neighbor Wayne Dunn said Burchfield’s business goes beyond what ordinances allow.
Greene acknowledged that the ordinances were out of date, but said commissioners decided to sue because they trust what the county attorney is “telling us.” When asked what the attorney had said, Greene said he would not elaborate because it is a legal matter.
Dawn Shirley, Burchfield’s sister who owns the property where ASAP is located, said the commissioners failed to “man up” and instead passed the decision on to a judge so they wouldn’t have to upset anyone.
“They’re wanting a judge to do it and that’s [taxpayer] money,” she said.
Shirley said her brother had met all the requirements. “He keeps fixing the problems,” she said.
Contact staff writer Andy Johns at ajohns@timesfreepress.com or call 423-757-6324.