South Fulton Concerned Citizens, Inc. has been silent since the process by cities began in late spring to annex large portions unincorporated South Fulton County. Now with nearly 10,000 acres of land annexed by the various cities, the group promoting the formation next year of the new City of South Fulton ended its silence by filing suit against the cities, asking that the annexations be nullified.

Attorneys Mike Bowers and Josh Belinfante asked Fulton County Superior Court to issue an order stating that Senate Bill 552 defined the geographic boundaries of the potential City of South Fulton effective April 28 and that all annexations occurring after that date are null and void. Named as defendants in the suit are the cities of Atlanta, East Point, Union City, Fairburn, Palmetto and College Park.

Passed by the General Assembly during the 2006 session, Senate Bill 552 established the charter for the City of South Fulton and outlined its geographic boundaries. The bill was signed by Gov. Sonny Perdue on April 28. The bill laid out voting districts within those geographical boundaries and provided for a June 2007 to form the city and a November 2007 vote for the new mayor and city council.

Also in the suit, Bowers said the Georgia Attorney General on Sept. 14 submitted the required voting pre-clearances to U.S. Dept. of Justice. That move, Bowers said, was confirmation by the Attorney General that Senate Bill 552 was in order and the boundaries are final, subject to the June vote. Annexations by the cities infringe on the right to vote for the city as described in SB 552, Belinfante said.

A hearing Thursday requesting a temporary restraining order relating to some of the recent annexations was denied. The move may have less significance in the long run, Belinfante said. If the law suit is successful all annexations after April 28 would be voided, he added.

Fulton County Commission last week voted to oppose the most recent round of annexations placed before them. Commissioner Bill Edwards regarded the vote as a response to scare tactics used by various South Fulton cities in order to prompt residents of the unincorporated areas to join them. Calling the moves predatory annexation, Edwards said the vote, while more symbolic than substantive, provided a mechanism by which the commission could take a stand and make a point that needed to be made. Referencing the lawsuit filed by South Fulton Concerned Citizens, Edwards said he fully supported the effort.

“I’m elated. One of my prayers has been answered,” Edwards said. “The South Fulton community has done what needed to be done to protect itself from injustices. I’m very proud of our citizens who didn’t only depend on government to protect them, but delivered their own form of protection by standing up for their rights in court. I agree and support them on moving against predatory annexation.”

South Fulton Concerned Citizens Coordinator Rex Renfrow said after the Fulton County vote that he was happy that Fulton County had decided to oppose the recent round of annexations.

“As we continue in our efforts to protect the legal rights of South Fulton citizens I would hope the commission will continue that support,” Renfrow said.

The suit will be heard by Superior Court Judge Ural Glanville.

login to post comments