The Fayette

County Commission is appealing a judge's ruling that the City of Fayetteville

properly annexed two parcels at the Fayette Pavilion.

The commission

wants the Georgia Court of Appeals to rule on the case that was originally

presided over by Superior Court Judge Paschal English in late April.

The county

had contended that the annexations did not meet state guidelines and would

create confusion over which government would provide service to the area.

City officials contended the annexations were properly done, and the property

needed sewer service to be used, which is unavailable in the county.

The judge ruled

the annexations of the two parcels, which encompass 57 acres, were done

in accordance with state law by the city. He also ruled the annexations

would not create any confusion about which agency would deliver services

to the area.

The largest

parcel, which is over 50 acres, borders Ga. Highway 314 while the other

parcel is south of the Pavilion on Ga. Highway 85.

Prior to the

suit, County Commission Chairman Greg Dunn wanted Fayetteville to de-annex

the property.

County Attorney

Dennis Davenport has also filed a separate motion asking English to amend

his order and judgment in the case. In a brief, Davenport describes discrepancies

from the transcript of the case and the order later signed by English,

which was composed by the attorney representing Fayetteville in the case:

John Harbin of Powell, Goldstein, Frazier and Murphy of Atlanta.

A hearing on

that motion has been scheduled for Friday, July 11.