After inviting

city of Fairburn officials to a joint meeting to discuss a proposed annexation

this week, the Fayette County Commission rejected the petition without

ever hearing from the officials.

The estate

of Nannie C. Gladin had petitioned the city of Fairburn for annexation

of a 42.3-acre site, about half of it in Fayette County and half in Fulton

County. Without having discussed the matter with the City Council, city

officials notified Fayette County of the petition.

That triggered

a new provision in state law governing annexation requests across county

lines. The county involved is required to either reject the petition immediately,

or call a joint meeting of the two governing bodies within 15 days to

discuss the matter.

But Fayette

officials interpreted "governing bodies" to mean a quorum of

both the County Commission and the City Council, while Fairburn officials

believed only representation by both bodies would be required. When only

Mayor Betty Hannah, City Attorney Bradford Sears and City Manager Tony

Cox showed up at the commission meeting Wednesday, commission Chairman

Greg Dunn wouldn't allow the group to speak.

"My feeling

is we should put an end to this right now," said Dunn. He said his

interpretation of the law was that the commission could discuss the matter

with Fairburn officials only if a quorum of the City Council were present.

"I would

have thought that you would have been prepared," Dunn told the Fairburn

officials.

Sears disagreed

with Dunn's interpretation. "The mayor of the city of Fairburn is

the chief executive officer and chief administrative officer of the city,"

he said.

But Dennis

Davenport, Fayette's county attorney, advised the commission that Dunn's

interpretation was correct.

"We have

a very difficult time coming to an agreement or [getting] any information

from you. We need to hear from the governing authority of Fairburn,"

Dunn said.

"We didn't

think that either body would be making the definitive agreements at this

time," said Sears, suggesting the bodies agree to a later meeting

date. The law provides for both bodies to postpone the decision, he pointed

out.

But both bodies

weren't present to even agree to postpone, Dunn countered.

Commissioner

Linda Wells, who made her opposition to the annexation clear from the

first moment it was brought to the commission, made the motion to deny

the petition. Commissioners voted unanimously in favor of the motion.

Concerns expressed

it could then annex farther into the county without the county's permission,

possibly fostering more high-density development. Also, the county is

in a dispute with the city over the city's plans to provide sewer service

to the Fayette town of Tyrone, and Wells feared the county would lose

its right to file suit in that dispute if Fairburn were to become a Fayette

County city.

If Fairburn

City Council later decides that it wants to approve the annexation in

spite of the County Commission's denial, its only recourse will be to

file a petition in Fayette Superior Court.

A visiting

judge would hear that petition.

Neither Hannah,

Cox nor Sears was available for comment Thursday.