Friday, August 17, 2001
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Friday, August 17, 2001 |
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City, county could be headed to court By JOHN
THOMPSON
Coweta County and the city of Senoia may be heading to court again over an annexation case that has already made its way to the Georgia Supreme Court. The latest legal twist involves a plat submitted for a 120-acre annexation on Rockaway Road that is being developed by Steve Enterkin. The development is part of a ruling that Coweta County Attorney Mitch Powell called a precedent when the Georgia Supreme Court sided with Coweta County in its dispute with the city of Senoia. Powell said the 12-page decision upholds the new state law that requires governments to work together on annexation disputes and is potentially one of the most important planning and zoning decisions in several years. After the decision, the city and Coweta County agreed on measures that would allow the property to be annexed, but still address the county's concerns. One of the measures stipulated that any lot adjoining county property would be 1.6 acres. But when the plat was submitted last week, Powell discovered the lots were one-half acre. Powell said the city's response has been that there is a 50-foot buffer between the properties, so it's not really adjoining. When Powell informed Senoia City Attorney Drew Whalen of the county's problems with the plat, Whalen dismissed talk of another lawsuit and said it was politically motivated. Commissioner Vernon "Mutt" Hunter said he wanted the matter discussed in open session, so the residents would know what the facts were in the case. The County Commission in structed Powell to try and work with the city again. But, if negotiations fail, they told Powell to file the lawsuit. But Senoia Mayor Joan Trammell believes the whole issue is political. "This is an election year for me and Mr. Hunter is trying to do anything he can to show I'm not doing my job," she said. Trammell said there are no lots bordering the county property because of the buffer around the property and said she has repeatedly met with county officials to try and work out details. "This is not the first time something like this has happened. I asked Mr. Tolleson (county planner) how he wanted us to word the motion when we approved the plat and he never got back to us," she said. Trammell said the city's attorney is meeting with Powell to try and solve the problem, but said it may wind up back in court. "We are following the mitigation measures. This is not the first time there has been a misunderstanding between the county and us," she said.
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