Wednesday, June 11, 2003
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Wednesday, June 11, 2003 |
County commission wants second opinion on dispute over Fayetteville annexationBy JOHN
MUNFORD
The Fayette County Commission is appealing a judge's ruling that the City of Fayetteville properly annexed two parcels at the Fayette Pavilion. The commission wants the Georgia Court of Appeals to rule on the case that was originally presided over by Superior Court Judge Paschal English in late April. The county had contended that the annexations did not meet state guidelines and would create confusion over which government would provide service to the area. City officials contended the annexations were properly done, and the property needed sewer service to be used, which is unavailable in the county. The judge ruled the annexations of the two parcels, which encompass 57 acres, were done in accordance with state law by the city. He also ruled the annexations would not create any confusion about which agency would deliver services to the area. The largest parcel, which is over 50 acres, borders Ga. Highway 314 while the other parcel is south of the Pavilion on Ga. Highway 85. Prior to the suit, County Commission Chairman Greg Dunn wanted Fayetteville to de-annex the property. County Attorney Dennis Davenport has also filed a separate motion asking English to amend his order and judgment in the case. In a brief, Davenport describes discrepancies from the transcript of the case and the order later signed by English, which was composed by the attorney representing Fayetteville in the case: John Harbin of Powell, Goldstein, Frazier and Murphy of Atlanta. A hearing on that motion has been scheduled for Friday, July 11.
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