The city of Senoia backed up its tough talk in a recent annexation dispute with Coweta County by filing a lawsuit.

The suit was filed in late October and is a direct result of mediation that failed in a House Bill 489 case.

The bill requires cities and counties to try and mediate annexation disputes. The dispute started in April after the county received an annexation notice from the city of Senoia.

When the annexation notice was filed, county planner Robert Tolleson told the Coweta County Board of Commissioners that the city wants to annex approximately 55 acres on Rockaway Road, near the Twin Lakes subdivision, to allow Fayette County developer Steve Enterkin Homes Inc. to build a subdivision.

Currently, the property is zoned Rural Reserve in the county, which requires a minimum five-acre lot size. But Tolleson explained that the owner of the property could apply for an R-200 zoning, which allows a minimum lot size of 1.6 acres in the county.

If the property was annexed into the city, the property would be in Senoia's R-1 zoning category, which requires only a one-acre lot size.

Since the annexation would significantly increase the density of homes allowed on the property, Tolleson asked the commission to file an objection and asked for mediation in the case.

“Sewer is a big concern and I'm sure it's cheaper to pay city of Senoia taxes than do 1.6 acres,” said County Commission chairman Lawrence Nelms.

The city and county have been through rounds of discussions and mediations, but both sides could not agree on recommendations from the mediator.

Tuesday afternoon, Nelms was served a copy of the lawsuit prior to the commissioners' meeting.

County attorney Mitch Powell speculated the case may ultimately wind up in the Georgia Supreme Court as a test case for House Bill 489.

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