Dougherty County files motion for temporary restraining order against Department of Community Health

ALBANY — Dougherty County fired another salvo at the Georgia Department of Community Health on Wednesday, petitioning Fulton County Superior Court for a temporary restraining order in regard to the proposed Lee County Medical Center.

The injunction petitions that Lee County halt all construction work on the planned site for the 60-bed facility until the court rules on a petition filed on April 19. The county is asking for an expedited decision of the temporary restraining order petition.

Robert Rozier, the attorney representing Dougherty County, filed suit against the DCH, DCH Commissioner Frank Berry and Executive Director of Heath Planning Rachel King. The petition asks for declaratory judgment and a writ on mandamus that a “DCH regulation that lacks any authority and seeks mandamus to compel the commissioner to enforce the certificate of need laws as enacted by the General Assembly.”

Cornell Law School states that “a writ of mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.”

The DCH approved Lee County’s certificate of need in November of last year.

“We want to stop the issuance of a certificate of need without the DCH following the rules,” Dougherty Commission Chair Chris Cohilas said. “Everyone is getting their brains beat in because there was a story put out that had some squawks in it. That’s just feeding the masses instead of informing the masses. But nobody questions Lee County.

Lee County Commissioner Billy Mathis was quick to respond to the injunction request.

“We are extremely disappointed in the action of the Dougherty County Commission. We know this does not reflect the wishes of the people. We will vigorously fight for what has already been decided,” Mathis said. “Chris Cohilas does not decide what happens in Lee County. This is yet another stunt and we will continue to fight for the best healthcare for Lee county and the people of this area.

Mathis added the Lee commission has just about had its fill of the Dougherty commission, and implied that the Lee body is looking to file a countersuit against Dougherty.

“The gloves are off now; let’s strap it on,” he said.