Legal Opinion
CITY OF BROOKHAVEN Et Al. v. CITY OF CHAMBLEE
Court of Appeals of Georgia
Decided October 29, 2014No. A14A0762PublishedCited by 8 opinions
1Opinion of the Court
MCMILLIAN, Judge.
This appeal presents an issue of first impression: whether a municipality has the authority pursuant to OCGA § 36-36-21 to annex land that the General Assembly has designated for annexation to another municipality, subject to a referendum, before the referendum takes place. We find that municipalities do not have such authority.
The facts underlying this appeal are undisputed, and thus the application of law to these facts is subject to de novo review. Fayette County v. Steele, 268 Ga. App. 13 (601 SE2d 403) (2004). In 2013, the General Assembly passed Local Act 205 (the…
2Cases cited18 opinions
- Deal v. ColemanSupreme Court of Georgia · 2013
- City of Decatur v. DeKalb CountySupreme Court of Georgia · 2008
- Plantation Pipe Line Co. v. City of BremenSupreme Court of Georgia · 1970
- Higdon v. City of SenoiaSupreme Court of Georgia · 2000
- Kemp v. City of ClaxtonSupreme Court of Georgia · 1998
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City of Atlanta v. MaysSupreme Court of Georgia · 2017
- FULTON COUNTY, GEORGIA v. ANDREWS Et Al.Court of Appeals of Georgia · 2015
- WALLACE v. WALLACE Et Al.Court of Appeals of Georgia · 2018
- CITY OF ATLANTA v. MAYSSupreme Court of Georgia · 2017
- CITY OF LOVEJOY Et Al. v. CLAYTON COUNTY Et Al.Court of Appeals of Georgia · 2016
3 more not listed; retrieve them via the Exa API.