Calloway v. City of Fayetteville

BLACKBURN, Presiding Judge.

W H. Calloway filed suit against the City of Fayetteville and its councilmen to invalidate two annexation ordinances, in which the City annexed his property and zoned it as commercial. The trial court granted summary judgment to the City and its councilmen (and concomitantly denied summary judgment to Calloway), holding that the annexation ordinances were lawfully adopted. We agree and affirm.

Summary judgment is only proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). A de novo…