The legitimacy of a 2007 annexation in northwest Peachtree City will be decided by the Georgia Supreme Court.
Attorneys for each party participated in oral arguments last week, advancing their position on the matter. City resident David Worley, himself an attorney, is hoping to overturn the annexation, which would add 1,125 homes on 779 acres west of Ga. Highway 74 and north of the current terminus of MacDuff Parkway.
If the annexation is overturned, not only would the development be off the table, but also the extension of MacDuff Parkway to Ga. Highway 74, which is called for as part of an annexation agreement between the city and developers John Wieland Homes and Brent Scarbrough and Company.
Residents of the city’s Wilksmoor Village have eagerly anticipated the MacDuff extension as a way to avoid the often-clogged intersection of Ga. Highways 74 and 54.
Worley is challenging the lawsuit based on a Georgia law that forbids cities from annexing property that creates “any unincorporated islands of land.” Attorneys for Wieland and Scarbrough argue that the problem was cured by a 2009 annexation of a smaller parcel, but Worley contends that since the annexation was technically illegal when it was approved by the council it cannot be cured by the newer annexation.
Worley is bringing the suit with a bent on keeping the city from spending tax money on developing the area, most of which was zoned for one home on two acres when the land remained in the unincorporated Fayette County.
“When a city annexes 800 acres to build 1,000 homes, it’s going to be expending taxpayer funds to service that area,” Worley said, noting that a city report indicated it would be spending $2.5 million to build a fire station to service the area along with $3.5 million for ballfields.
“As a citizen I have an interest in the way the city’s funds are spent,” Worley said.
Scarbrough attorney Marc Cohen argued that Worley would not suffer any harm from the annexation, as he does not live near or adjacent to the property. Cohen noted that Worley simply opposed the annexation “and just having hypothetical taxes that could be imposed at some later date does not give him standing to maintain this case.”
Scarbrough has agreed to develop 650 homes on 450 acres in a subdivision that would be restricted to residents 55 and over. Wieland’s agreement is to build 475 homes on 379 acres.
