The city of Senoia won the first round in its battle against Coweta County, but both sides are saying the war is far from over.

In what could be a historic decision, Superior Court Judge William Lee agreed with the city that it should be able to annex 55 acres into the city and zone the land as its council members please.

The case has turned into a battle over the recently enacted HB 489, which requires cities and counties to work closer to prevent duplication of services.

But part of the law also requires cities and counties to work through a long mediation period on annexation disputes. Lee declared those parts of the law unconstitutional and said the Georgia Constitution gives the local governments exclusive zoning power.

Because Coweta County representatives can object to Senoia's zoning on the land in the ordinary course of public hearings, the judge deemed the law calling for further discussion between the two entities unconstitutional.

“The problem with this system is that it gives the county ultimate control over a city's attempt to rezone. This is an unconstitutional interference with a city's zoning power,” wrote Lee.

Lee explained that Coweta County had the property zoned at one unit per five acres, while Senoia wants the property to be zoned for one-acre lots.

“The General Assembly has no authority to grant a county the authority to enact zoning and planning laws except by constitutional provision,” he said.

Senoia Mayor Joan Trammell hailed the decision as a victory for the city, but feels sure the county will appeal the decision.

“This is just the first step,” she said.

County attorney Mitch Powell said he had not had enough time to completely study the ruling, but added an appeal is likely.

If the ruling is appealed, it could wind up in Georgia's Supreme Court this spring.

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