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Court overturns West Village annexation

The May 2007 annexation that allowed up to 1,075 homes in Peachtree City’s West Village is void because it violated Georgia law, the Georgia Court of Appeals has ruled.

That means the land will revert back to its original jurisdiction

of being in unincorporated Fayette County. And the city’s conceptual approval of 475 single family homes and a 662 unit age restricted senior subdivision for the property is null and void.

It also endangers the extension of MacDuff Parkway, which was to be funded in a joint effort between John Wieland Homes and initially Levitt and Sons before that company bowed out of the project. The Levitt property is still under the control of developer Brent Scarbrough, who has announced plans to seek other companies to build the senior housing component.

It is not immediately known if the current City Council would be willing to either challenge the lawsuit or be willing to annex the property under similar circumstances. But several council members, when seeking election, have said large-scale residential annexations such as the one in question are detrimental and too costly to the city.

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Comments

Steve Brown's picture

This annexation was ruined from the start. The 86-acre light industrial doughnut hole in the center of the site was a significant error.

Mike King's picture

With the annexation overturned, the property owners are now free to develop without incumbrance from the requirements of Peachtree City. I'm sure that Commissioner Brown has the two other commissioner votes in his pocket to prevent such. OMG, Brown has yet to be elected and has lost his previous two campaigns by wide margins.

Nice touch!

But I think being able to have Peachtree Services was a requirement for the developers to have!
I'll just bet Fayette County allows a massage and tan parlor along with pawn shops, title loan places, Mexican beer joints, dance halls, yellow, red, purple and orange painted repair shops, and illegal alien hide-outs in there!
I am confused anyway------someplaces are allowed to build "old folks" houses and other aren't! Maybe that would be a good place to put them all in one place---you know old Spanish-American War veterans; military retirees; old folks who just worked and weren't lucky to get rich or well pensioned-off; but absolutely no old Mexicans!

grassroots's picture

Hey Sky King, David Worley's got it right as does Steve Brown. The politicians do not know the law and the WFB will be overturned also. From SPLOST attorney and upcoming environmental law suit. Read our exclusive attorney's letter countering every fabrication by county attorney Bennett, Jack Smith and comrade commissioners regarding " we have to spend the SPLOST money on WFB," posted on Thursday. www.SPLOSTPOLL.com
State Court of Appeals vs Jack Smith and cronies. I like the sound of that!

Mike King's picture

Would have to disagree with you on WFB being overturned by a vote of the Commission, but I do believe likely a considerable delay due to environmental concerns will be the result. This may even take years. You keep harping on both Brown and McCarty winning when one has less than a stellar track record and the other running against an incumbent on little name recognition.

You may be right, but I simply don't see both winning. Should Mr Brown pull this off and unseat Mr Smith, Fayette Countians will experience the 'Brown Clown' that residents of Peachtree City bounced over four years ago. But, what the hell, he's but one of five and his rants will take place in Fayetteville not Peachtree City.

Besides, Mr Horgan may well offer him a toke to settle him down.

Centennial can thank Cyndi Plunkett for this debacle.

How is it credible that the property owner was allowed to hire and pay for an assessment of the old time dumping ground and it was accepted by the city? Isn't this just a "redo" of the police station fisaco that cost the citizens tons of extra money to clean up? Is it even okay now? The clock has been rewound on the West Village and now there is an opportunity for a proper review. The citizens brought forth many concerns that were never addressed, hopefully these issues can be addressed if and when the annexation resurfaces.

Just Asking

Robert W. Morgan's picture

I predict current mayor and council will take another run at this mostly for the McDuff extension which will be seen as relieving traffic congestion at Hwy 54/74. The landowners have to be unhappy that they already closed on the land before values crashed a couple of years ago and they certainly can't come out ahead by developing to Fayette County standards.

Campaign promises will have to be set aside - something like "I didn't mean that annexation. I thought that was a done deal". Should be interesting to watch how this plays out. I suppose expecting it to be a 3-2 vote would be reasonable.

Live free or die!

Don Haddix's picture

The ball is in Wieland and Scarbrough's court now. Council, at this time, has no idea how they will proceed.

<cite><strong>Don Haddix
Peachtree City Mayor</strong></cite>

to be in charge of this property when it comes time to develop. Feel free to disagree.

grassroots's picture

WFB will be overturned also. Even Maxwell said we don't have to spend the SPLOST money on WFB. Get it right. Avoid the coming law suits . See www.SPLOSTPOLL.com regarding environmental letter of intent and see who will represent the WFB Coalition to counter the SPLOST "mandate" fabricated by Smith Head, Krack Heel, and Bennett. Posted this Thursday at www.SPLOSTPOLL.com.
Vote Brown McCartney.

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