City of Jefferson v. Town of Pendergrass

Banke, Chief Judge.

At the request of the Gainesville Midland Railroad Company, the City of Jefferson, Georgia, passed an ordinance on March 12, 1984, annexing the railroad’s right-of-way between the city limits of Jefferson and the city limits of Pendergrass, Georgia. On December 11, 1984, the City of Jefferson annexed certain additional property, again at the request of the property owner, which was contiguous to the city limits of Jefferson only by virtue of the earlier annexation of the railroad right-of-way.

The Town of Pendergrass, its mayor and town council brought this action to have…