---------- Forwarded message ---------- From: Harvey Davis <harveydavis@bellsouth.net> Date: Tue, Oct 4, 2016 at 4:14 PM Subject: [Sandtown] Fulton Industrial NOT Part of Proposed City of South Fulton, GA 30331 To: sandtownmembersonly@googlegroups.com, sandtown@googlegroups.com *State Supreme Court Returns Fulton Industrial To Status Quo* [image: http://homerulenews.com/clients/homerulenews/10-4-2016-1-00-28-PM-6348016.jpg] Dominique Huff SOUTHWEST ATLANTA-The Georgia Supreme Court has told the City of Atlanta and proposed City of South Fulton hands off the Fulton Industrial District, legally known as the Fulton County Industrial District. Last year, the city sought to annex a former bank property donated to them. The property was contiguous to the city border, so the city used the 100 percent method. The city alerted the county to their intent to annex, and the county objected. Once objected, the city filed suit against the county. Robbie Ashe, attorney for the city, argued in open court stated the city only wanted to bring in the property that was donated to them for the purpose of a public safety facility. “Fulton County and Atlanta agreed that the city owns the property, it’s in the district and contiguous to the border,” he said in open court last year. “Any other time, this annexation would occur with no fanfare.” However, the justices of the court determined that the city had no injury due to them not officially annexing the property into the city thus making the suit null and void. “The city’s proposed annexation and county’s objection to a proposal. The objection lodged by the county is not one that has immediate consequences,” the justices wrote. “The city only wanted to know whether this objection to its proposal—if its plan were enacted—would have merit. Such a question is no more justiciable than an inquiry by the General Assembly about whether a proposed statute would be inconsistent with, for instance, the first amendment.” County Staff in the annexation petition told the Fulton County Commission that the county is bound to the 1979 local constitutional amendment that was created. “We believe that the county has been preempted from following procedures outlined in the annexation statue by the filing by the City of Atlanta petition for declaratory judgment in Fulton Superior Court. The petition seeks to have the local constitutional amendment that created the Fulton County Industrial District declared null and void, thus allowing the City of Atlanta to annex property within the area without the public referendum as required by such annexations,” staff advised. The Supreme Court agreed with county staff and mentioned that they here dispute not provide legal counsel. “The courts are not legislative counsel, they cannot answer such questions,” the justices said. “The trail court should have dismissed this lawsuit.” The Boulevard Community Improvement District (CID) stated they do not comment on political matters but mentioned that they would continue to work to improve the area regardless of what happens to the governance. “The CID can exist across jurisdictional lines,” Gil Prado, Executive Director of Boulevard CID said. “We are here and will work with whatever jurisdiction is in place. The ruling returns things to the way they were.” Bill sponsor, Rep. Roger Bruce (D-Atlanta) mentioned that if the city is created, he will write a bill to repeal the law. "Fulton Industrial has told us they want to be in the City of South Fulton not Atlanta. We knew this day one hence us not writing the companion bill to repeal until after the city was created," he said. "I need to look at where this ruling brings us so I don't want to speculate or mislead." He also mentioned that HRN would be notified of anything he finds out in his point of clarification. At this point, if the City of South Fulton were created, they would have to seek a repeal of the constitutional amendment in the following legislative session that would call for a referendum. If the voters repeal the amendment, then both the City of South Fulton and Atlanta would be another battle of who will get what parcels through any annexation proceedings. http://homerulenews.com/state-supreme-court-returns-fulton- industrial-to-status-quo-p465-107.htm -- -- You received this message because your email address is subscribed to the Sandtown Community Association Email Distribution www.sandtown.org IF YOU DO NOT WANT TO RECEIVE EMAIL FROM THIS GROUP JUST SEND AN EMAIL TO sandtown-unsubscribe@googlegroups.com For more options, visit this group at http://groups.google.com/ group/sandtown?hl=en --- You received this message because you are subscribed to the Google Groups "Sandtown Community Association" group. To unsubscribe from this group and stop receiving emails from it, send an email to sandtown+unsubscribe@googlegroups.com. For more options, visit https://groups.google.com/d/optout.