“There was mutual recognition that this was an important historic site,” said Richard Cloues of the state Historic Preservation Division. “In our opinion they had recognized the property as important, tried to avoid having an impact on the property and, when that wasn’t possible, tried to lessen the impact.”

The site in question is believed to be a surviving section of Fort Attaway, a Civil War earthworks fort, atop DeSoto Hill near Sumo Japanese Restaurant.

The state Department of Transportation has been working for several years on plans to widen U.S. 27 near John Davenport Drive and relocate an overhead railroad bridge and approaching track, which run adjacent to the fort site and could jeopardize part of it.

Rome’s David Fowler, a nearby property owner and Civil War heritage enthusiast, sued the Federal Highway Administration and its division administrator Robert M. Callan to stop the project. The suit, filed in federal court Friday, accuses the group of agreeing to partially pay for the project without adequately searching for a better alternative.

Callan declined to comment on the pending lawsuit.

Cloues said the DOT and highway administration did consider the site as they should, despite their not coming up with an ideal solution.

“We never like to see a historic site negatively impacted, but sometimes it’s unavoidable,” he said. “A lot of times it’s not a question of whether we’re happy or satisfied. It’s a matter of did they give the site the appropriate consideration in planning their project.”

The Historic Preservation Division routinely consults with state and federal agencies that are planning projects with a potential impact on historic sites.

“We don’t ever give approval,” Cloues said. “It’s a consultation, and the agency can take our opinion and do with it what they wish.”

Fowler is asking the court to stop the Federal Highway Administration from paying for or approving any project that would negatively impact Fort Attaway, which he says the U.S. 27 widening and railroad relocation would do.

The Georgia DOT is accepting construction bids for the project and is scheduled to award a contract on Friday.