Wednesday, October 9, 2002
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Wednesday, October 9, 2002 |
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Tale of 2 strips: F'ville asked to de-annex Pavilion parcels By JOHN THOMPSON
The state's Attorney Generals' office believes Fayetteville violated the state's annexation laws when it annexed parcels earlier this year near the Fayette Pavilion shopping center on the city's north side. Last week, the Fayette County Commission voted to send a copy of the letter from the Attorney General's office to city officials. Commission Chairman Greg Dunn explained the County Commission had disagreed with the annexation of the 57 acres earlier this year and was trying to find a way to resolve the dispute without litigation. When the city annexed the property, it left a 10 ft. strip of land in each parcel to keep it from being an unincorporated island. But in a letter to the Attorney General, county attorney Bill McNally said the annexation violated the law. "While this achieved the technical goal of not creating an island, it appears to have violated one of the new conditions of annexation under the 100 percent method; specifically, the annexation did not bring in all of the parcel owned by the person seeking the annexation," McNally said. Senior assistant Attorney General Alfred Evans said the two strips are a "violation of the conditions respecting annexations by application of landowners in a contiguous area which requires that the entire parcel or parcels of real property owned by the person seeking annexation is being annexed." Dunn asked that the letter to Fayetteville ask the city to de-annex the property, which would prevent the county from seeking a legal solution on the case.
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