By JOHN THOMPSON
jthompson@TheCitizenNews.com

In a ruling that will affect the relationships between Fulton County and its cities, the Georgia Supreme Court has sided with Coweta County in its zoning dispute with the city of Senoia.

Coweta County Attorney Mitch 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.

Because of the ruling, cities will have to work more closely with county governments in making annexation decisions, experts say.

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