City, county head to court

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City, county head to court

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The city of

Senoia backed up its tough talk in a recent annexation

dispute with Coweta County by filing a lawsuit.

The suit

was filed in late October and is a direct result of

mediation that failed in a House Bill 489 case.

The bill

requires cities and counties to try and mediate

annexation disputes. The dispute started in April after

the county received an annexation notice from the city of

Senoia.

When the

annexation notice was filed, county planner Robert

Tolleson told the Coweta County Board of Commissioners

that the city wants to annex approximately 55 acres on

Rockaway Road, near the Twin Lakes subdivision, to allow

Fayette County developer Steve Enterkin Homes Inc. to

build a subdivision.

Currently,

the property is zoned Rural Reserve in the county, which

requires a minimum five-acre lot size. But Tolleson

explained that the owner of the property could apply for

an R-200 zoning, which allows a minimum lot size of 1.6

acres in the county.

If the

property was annexed into the city, the property would be

in Senoia's R-1 zoning category, which requires only a

one-acre lot size.

Since the

annexation would significantly increase the density of

homes allowed on the property, Tolleson asked the

commission to file an objection and asked for mediation

in the case.

"Sewer

is a big concern and I'm sure it's cheaper to pay city of

Senoia taxes than do 1.6 acres," said County

Commission chairman Lawrence Nelms.

The city

and county have been through rounds of discussions and

mediations, but both sides could not agree on

recommendations from the mediator.

Tuesday

afternoon, Nelms was served a copy of the lawsuit prior

to the commissioners' meeting.

County

attorney Mitch Powell speculated the case may ultimately

wind up in the Georgia Supreme Court as a test case for

House Bill 489.

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