Wednesday, April 16, 2003
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Wednesday, April 16, 2003 |
Fayetteville annexations at Pavilion OK, judge rulesBy JOHN
MUNFORD
Superior Court Judge Paschal A. English has ruled in favor of the City of Fayetteville in an annexation dispute with the Fayette County Commission, which alleged the city improperly annexed 57 acres in two separate tracts at the Fayette Pavilion last year. English ruled in the city's favor after a brief trial Tuesday morning. In suing the city, county officials claimed Fayetteville violated the state's annexcation laws by leaving a 10-foot strip of land in each parcel to keep it from being an unincorporated island. The Georgia Attorney General's office agreed with the county after it reviewed information on the annexation. County Commission Chairman Greg Dunn wanted Fayetteville to de-annex the property before the suit was filed by the county. County officials maintained the annexations create confusion over which government agency should provide service to the area. City officials countered that the 10-foot strip connects unincorporated property so the properties would not create "islands." The properties need sewer service to be used, which is unavailable in the county, city officials contended. One of the tracts is 55 acres bordering Ga. Highway 314 while the other is a five-acre site south of the Fayette Pavilion on Ga. Highway 85.
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