Supreme Court denies Sixes Road petition
by Staff reports
November 18, 2009 01:00 AM | 1029 views | 2 2 comments | 2 2 recommendations | email to a friend | print
The Georgia Supreme Court has denied a petition for review from the Cherokee County government regarding the battle over Sixes Road.

The county was challenging the annexation of portions of Sixes and Marble Quarry Roads by the city of Holly Springs.

In July, the state appeals court reversed the trial court's decision that the city's annexation of the roads was void.

The county had requested the appeals court reconsider the case, but was denied.

The county Board of Commissioners has not yet decided whether to take any further action related to the legal fight.

The county had filed a lawsuit against the city disputing the 1988 annexation of portions of the two roads, claiming the Holly Springs City Council did not adopt a resolution or take any action to complete the annexation.

County leaders said the lawsuit was necessary to stop commercial development from spreading farther along Sixes Road.

The appeals court found the city's failure to finalize the annexation was a mistake or error of omission. That omission, according to the court, "did not destroy the city's authority or power to complete the annexation, but rather was a defect in the method of exercising a conferred power."

The court's decision also put a church at the corner of the two roads and a group of annexations that includes 13.5 acres on Sixes Road near Marble Quarry Road back in the city.

In another lawsuit that still is pending, the county challenged the city over annexations two years ago in Hickory Flat.

The suit focuses on a group of annexations up to Hickory and Morgan Roads the city made dating back to the late 1990s. The annexed land includes the site where the Harmony on the Lakes neighborhood was built.
comments (2)
« Steve G wrote on Wednesday, Dec 09 at 10:30 AM »
sure, but I like the idea that Cherokee County is still trying to preserve - limited commercial use of land and mpore "green spaces."
« Joey, Towne Lake wrote on Wednesday, Nov 18 at 05:31 PM »
More wasted money by our County Commissioners to the fat rich law firm that the commissioners decided to hire instead of saving money on in house counsel.

So much for this firm’s bravado of being annexation killers, too. You lost, do taxpayers get a refund?

Exercise your voice to throw these clowns out of office, vote em out!