County OK’s de-annex of tiny tract

Tue, 10/27/2009 - 3:59pm
By: John Munford

Developer sought action to nullify citizen lawsuit over 2007 PTC annexation

Despite a plea from Peachtree City resident David Worley, the Fayette County Commission last week voted to de-annex a 10-foot-wide strip of land at the request of a developer.

Brent West Village sought the action to help nullify a lawsuit filed by Worley over Peachtree City’s 2007 annexation of a 401-acre site on the city’s northwest border abutting Tyrone. Worley contends that the annexation was illegal because it created an unincorporated island of land contrary to Georgia law.

The 10-foot wide 1.17-acre strip, which connects two parcels bordering the annexed land, is a court-tested way of legally avoiding the creation of an unincorporated island. In fact, the appellate court decision allowing that strategy was approved in reference to a Fayette County case involving an annexation near the Fayette Pavilion in north Fayetteville.

Brent West Village, a company that includes developer Brent Scarbrough, wants to build 648 age-restricted homes on the site.

Worley implored commissioners to deny the de-annexation.

“I don’t think the county should take sides in pending litigation between two parties,” Worley said.

Worley contends the annexation is technically void and thus it would be improper for the commission to de-annex the land since it wasn’t appropriately annexed in the first place.

Donna Black, representing Scarbrough and Rolader Development, said the annexations have been upheld in court and the company was not asking the county to do anything unlawful.

The commission voted unanimously 4-0 to approve the de-annexation. Commissioner Herb Frady was absent.

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