Friday, November 3, 2000
|
Friday, November 3, 2000 |
|
Supreme Court rules in county's favor By JOHN
THOMPSON In a ruling that Coweta County Attorney Mitch Powell is calling a precedent, the Georgia Supreme Court sided with Coweta County in its zoning dispute with the city of Senoia. Powell said the 12-page decision upholds a new state law and is potentially one of the most important planning and zoning decisions in several years. The court overturned a decision by Coweta County Superior Court Judge William Lee, who said the city should be able to annex 55 acres into the city and zone the land as its council members please. The case turned into a battle over the recently enacted state House Bill 489, which requires cities and counties to work closer to prevent duplication of services. Part of the law also requires cities and counties to work through a long mediation process 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. But the Supreme Court ruled that the arbitration process is constitutional, so now the city and county head back to the arbitration process, Powell said. Senoia had wanted to annex the property into the city and allow one-acre lots, but the adjoining county property is zoned for five-acre tracts. Powell could not say when the arbitration process would take place. Senoia Mayor Joan Trammell did not return phone calls prior to press time for her comments on the decision.
|
||