City of Centerville v. City of Warner Robins

I concur in Divisions 1 and 3, but dissent to Division 2, wherein the majority holds that there was no judicial usurpation of the legislative function of annexation because Centerville agreed not to seek the annexation of property within Warner Robins’ service area. In my opinion, Centerville has no power to agree that it will not annex property and, consequently, • the superior court does not have the power to enjoin annexation by Centerville, whether by consent or otherwise.

“[T]he General Assembly’s power to annex municipal property is plenary. . . .” City of Ft. Oglethorpe v. Boger, 267…