City, county could be headed to court

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City, county could be headed to court

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Share this Post

Coweta County

and the city of Senoia may be heading to court again over an annexation

case that has already made its way to the Georgia Supreme Court.

The latest

legal twist involves a plat submitted for a 120-acre annexation on Rockaway

Road that is being developed by Steve Enterkin.

The development

is part of a ruling that Coweta County Attorney Mitch Powell called a

precedent when the Georgia Supreme Court sided with Coweta County in its

dispute with the city of Senoia.

Powell said

the 12-page decision upholds the new state law that requires governments

to work together on annexation disputes and is potentially one of the

most important planning and zoning decisions in several years.

After the decision,

the city and Coweta County agreed on measures that would allow the property

to be annexed, but still address the county's concerns.

One of the

measures stipulated that any lot adjoining county property would be 1.6

acres.

But when the

plat was submitted last week, Powell discovered the lots were one-half

acre. Powell said the city's response has been that there is a 50-foot

buffer between the properties, so it's not really adjoining.

When Powell

informed Senoia City Attorney Drew Whalen of the county's problems with

the plat, Whalen dismissed talk of another lawsuit and said it was politically

motivated.

Commissioner

Vernon "Mutt" Hunter said he wanted the matter discussed in

open session, so the residents would know what the facts were in the case.

The County

Commission in structed Powell to try and work with the city again. But,

if negotiations fail, they told Powell to file the lawsuit.

But Senoia

Mayor Joan Trammell believes the whole issue is political.

"This

is an election year for me and Mr. Hunter is trying to do anything he

can to show I'm not doing my job," she said.

Trammell said

there are no lots bordering the county property because of the buffer

around the property and said she has repeatedly met with county officials

to try and work out details.

"This

is not the first time something like this has happened. I asked Mr. Tolleson

(county planner) how he wanted us to word the motion when we approved

the plat and he never got back to us," she said.

Trammell said

the city's attorney is meeting with Powell to try and solve the problem,

but said it may wind up back in court.

"We are

following the mitigation measures. This is not the first time there has

been a misunderstanding between the county and us," she said.

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