In a ruling

that will affect the relationships between Fulton County and its cities,

the Georgia Supreme Court has sided with Coweta County in its zoning

dispute with the city of Senoia.

Coweta County

Attorney Mitch 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.

Because of

the ruling, cities will have to work more closely with county governments

in making annexation decisions, experts say.