CITY OF LOVEJOY Et Al. v. CLAYTON COUNTY Et Al.

MCFADDEN, Judge.

In Title 36 of our Code, Local Government, is Chapter 36, which sets out several procedures by which a city can annex territory. At issue is the procedure set out in Article 3 of that chapter, OCGA § 36-36-30 et seq., which provides for annexation pursuant to application by the owners of 60 percent of the land at issue and 60 percent of the electors residing on it.

As a prerequisite to annexation under that procedure, a city must substantially comply with, among other things, the requirements of OCGA § 36-36-36 regarding notice and opportunity to be heard. Specifically OCGA §…