middle of August, Senoia could play a big part in how

cities and counties get along together.

City

attorney Kemp Wright said Monday he expects a ruling from

the Georgia Supreme Court by August on the city's suit

against Coweta County.

Oral

arguments were heard June 12 in the city's argument that

Coweta County should not have a voice in the city's

zoning regulations.

The city

won the first round in its battle against Coweta County

when 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 state

House Bill 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.

Cities and

counties across the state are looking at this case to see

if portions of HB 489 will be declared unconstitutional.

Wright said

oral arguments went pretty well with two justices

actively asking questions.

The reason

the ruling will take so long, he explained, is that the

issue revolves around the constitutionality of a law.

Justices

always take longer when debating these cases, he said.