The city of

Senoia won the first round in its battle against Coweta

County, but both sides are saying the war is far from

over.

In what

could be a historic decision, Superior Court Judge

William Lee agreed with the city that it should be able

to annex 55 acres into the city and zone the land as its

council members please.

The case

has turned into a battle over the recently enacted HB

489, which requires cities and counties to work closer to

prevent duplication of services.

But part of

the law also requires cities and counties to work through

a long mediation period on annexation disputes. Lee

declared those parts of the law unconstitutional and said

the Georgia Constitution gives the local governments

exclusive zoning power.

Because

Coweta County representatives can object to Senoia's

zoning on the land in the ordinary course of public

hearings, the judge deemed the law calling for further

discussion between the two entities unconstitutional.

"The

problem with this system is that it gives the county

ultimate control over a city's attempt to rezone. This is

an unconstitutional interference with a city's zoning

power," wrote Lee.

Lee

explained that Coweta County had the property zoned at

one unit per five acres, while Senoia wants the property

to be zoned for one-acre lots.

"The

General Assembly has no authority to grant a county the

authority to enact zoning and planning laws except by

constitutional provision," he said.

Senoia

Mayor Joan Trammell hailed the decision as a victory for

the city, but feels sure the county will appeal the

decision.

"This

is just the first step," she said.

County

attorney Mitch Powell said he had not had enough time to

completely study the ruling, but added an appeal is

likely.

If the

ruling is appealed, it could wind up in Georgia's Supreme

Court this spring.