John Wieland Homes is asking Peachtree City to re-approve an annexation that was approved last year for 475 homes on a 379-acre parcel north of the Centennial subdivision off MacDuff Parkway.

Wieland Executive Vice President Richard Bacon told the City Council last week that the move is an attempt to nullify a lawsuit that challenges the annexation.

The suit, filed by city resident and attorney David Worley, claims that the council last year improperly approved the annexation because it first voted against a companion annexation for property to the north that the Wieland annexation was predicated on.

Bacon said the lawsuit has dragged on in part due to state budget cuts that have curtailed the use of senior judges, as one is necessary for this case.

“We believe we will prevail but the key word is ultimately,” Bacon said.

Worley questioned whether the action Bacon sought could even occur.

“How in the world can somebody apply to annex property that has already been annexed into the city,” Worley asked.

Worley noted that Wieland has already paid taxes to the city based on last year’s annexation bringing it within the city limits and thus served by city resources. Worley said there is no reference in Georgia law about having a parcel of property re-annexed.

“The only logical explanation is your just trying to slide something by the citizens and taxpayers of Peachtree City,” Worley said. “... so we don’t know the annexation is completely void, illegal and needs to be started all over again.”

Council unanimously voted to allow city staff to explore the new annexation application.

A similar vote was approved last month to study the proposal from Brent Scarbrough and Company for its 400-acre site north of Wieland’s property that would have the same 650 homes restricted to adults 55 and over as proposed by the previous developer, Levitt and Sons.

Levitt backed out of the development last year after suffering financial difficulties.

Worley’s suit takes issue with the fact that the City Council voted against annexing the Scarbrough property before reversing course at the same meeting and voting for the annexation. The reconsideration took place after the initial developer, Levitt and Sons, offered to cut the density of the project by 17 homes.

The approval vote was 3-2 with council members Steve Boone, Cyndi Plunkett and Harold Logsdon in favor; voting no were Stuart Kourajian and Judi-ann Rutherford.

Worley contends the initial “no” vote from council triggered a six-month waiting period required by city ordinance and state law anytime an annexation or rezoning request is denied.

Under the previous annexation and rezoning, the MacDuff Parkway extension, which includes a new bridge over the CSX railroad, must be completed before construction begins.

That extension will link MacDuff to Ga. Highway 74 via Old Senoia Road, allowing many Wilksmoor Village residents to avoid the traffic clogged artery of Ga. Highway 54 west, which is currently the only way in and out of the village.

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