In a ruling

that Coweta County Attorney Mitch Powell is calling a precedent, the Georgia

Supreme Court sided with Coweta County in its zoning dispute with the

city of Senoia.

Powell said

the 12-page decision upholds a new state law and is potentially one of

the most important planning and zoning decisions in several years.

The court overturned

a decision by Coweta County Superior Court Judge William Lee, who said

the city should be able to annex 55 acres into the city and zone the land

as its council members please.

The case 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.

Part of the

law also requires cities and counties to work through a long mediation

process 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.

But the Supreme

Court ruled that the arbitration process is constitutional, so now the

city and county head back to the arbitration process, Powell said.

Senoia had

wanted to annex the property into the city and allow one-acre lots, but

the adjoining county property is zoned for five-acre tracts.

Powell could

not say when the arbitration process would take place.

Senoia Mayor

Joan Trammell did not return phone calls prior to press time for her comments

on the decision.