Court upholds PTC annexations

Tue, 04/21/2009 - 3:19pm
By: John Munford

A lawsuit challenging Peachtree City’s annexation of more than 782 acres in June 2007 is moot and has been dismissed, a superior court judge has ruled.

The suit filed by city resident David Worley accused the city of violating Georgia law by creating an unincorporated island when approving the annexations for John Wieland Homes and Levitt and Sons.

But the city in November 2008 annexed that island, a 35-acre tract of land, thereby making Worley’s claims moot, Judge Brian J. Amero of the Flint Judicial Circuit wrote in an order.

Amero granted the city summary judgment in the case, effectively dismissing Worley’s final claim in the suit.

Amero previously dismissed Worley’s other chief claim in the suit: that the city violated a six-month ban on annexation requests for a particular property. Technically the city initially voted against the Levitt annexation before reconsidering the matter minutes later at the same meeting and reversing course.

In denying four other claims over the annexations, the judge ruled that Worley failed to satisfy the “substantial interest-aggrieved citizen” test outlined by a 1977 case, Brock v. Hall County. Amero also wrote that Worley failed to show “that an actual controversy exists and his interest are adversely affected by the city’s action.”

Worley sought to overturn both annexations.

The Wieland annexation allows for up to 475 homes on 379 acres and the Levitt annexation allowed 650 homes restricted to persons ages 55 and up on a 403-acre tract.

The Levitt tract borders the town of Tyrone and the Wieland tract is further south, at the end of the current terminus of MacDuff Parkway and directly across from the southern entrance to Kedron Drive.

Since Levitt and Sons pulled out of the project, The Scarbrough Group LLC has committed to having the 403-acre project developed as envisioned. Both Levitt and Wieland are paying for the extension of MacDuff Parkway to reach Ga. Highway 74, which includes a bridge over the CSX rail line.

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Robert W. Morgan's picture
Submitted by Robert W. Morgan on Wed, 04/22/2009 - 3:48am.

And why can't we go after Worley for our legal fees? I said months ago this was a frivolous lawsuit and so it is. All we need to do is get the judge to agree and Worley will have to reimburse the city. Go for it guys. Show some courage.

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