The state's Attorney Generals'
office believes Fayetteville violated the state's annexation laws when
it annexed parcels earlier this year near the Fayette Pavilion shopping
center on the city's north side.
Last week, the Fayette County
Commission voted to send a copy of the letter from the Attorney General's
office to city officials.
Commission Chairman Greg Dunn
explained the County Commission had disagreed with the annexation of the
57 acres earlier this year and was trying to find a way to resolve the
dispute without litigation.
When the city annexed the property,
it left a 10 ft. strip of land in each parcel to keep it from being an
unincorporated island.
But in a letter to the Attorney
General, county attorney Bill McNally said the annexation violated the
law.
"While this achieved the
technical goal of not creating an island, it appears to have violated
one of the new conditions of annexation under the 100 percent method;
specifically, the annexation did not bring in all of the parcel owned
Senior assistant Attorney General
Alfred Evans said the two strips are a "violation of the conditions
respecting annexations by application of landowners in a contiguous area
which requires that the entire parcel or parcels of real property owned
Dunn asked that the letter
to Fayetteville ask the city to de-annex the property, which would prevent
the county from seeking a legal solution on the case.
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