City of Gainesville v. Hall County Board of Education
City of Gainesville v. Hall County Board of Education
Opinion of the Court
This is an appeal from an order of the trial court holding void seventeen ordinances of the City of Gainesville annexing territory to the city limits under the so-called "stem” or "spoke” method of annexation, and enjoining the city from enacting any further ordinances under such plan of annexation.
The Hall County Board of Education brought this complaint against the City of Gainesville and W. Byron Turk as Tax Commissioner of Hall County. The case was submitted to the court upon an agreed statement of facts which shows that Hall County Board of Education is a political subdivision of the State of Georgia operating the public school system in Hall County outside the corporate limits of the City of Gainesville and receives revenue in part from levying ad valorem taxes upon real estate lying outside the boundaries of the corporate limits of Gainesville; that the City of Gainesville is a municipal corporation which operates an independent public school system within the corporate limits of Gainesville and receives revenue in part by levying ad valorem taxes upon real estate lying within the boundaries of the corporate limits of Gainesville; that the City of Gainesville has enacted seventeen (17) ordinances from
Based upon the pleadings and the agreed statement of facts the trial court entered a comprehensive order concluding that the ordinances are invalid, null and void and permanently enjoined the city from enacting any further municipal ordinances under the plans utilized in enacting the said invalid ordinances in question. From this judgment in favor of the Hall County Board of Education the City of Gainesville filed its appeal. Held:
1. The appellant’s motion to dismiss the appellee’s complaint on the ground that the appellee had failed to serve the Attorney General with a copy of said complaint is denied.
2. The question here is whether or not annexation under the 17 ordinances under attack was authorized under Code Ann. § 69-902 as amended. This Code section when adopted in 1962 (Ga. L. 1962, p. 119) provided in part as follows: "Authority is hereby granted to the governing bodies of the several incorporated municipalities of this state to annex to the existing corporate limits thereof unincorporated areas contiguous to the existing corporate limits at the time of such annexations, upon the written and signed applications of all of the owners of all of the land proposed to be annexed containing a complete description of the land to be annexed.”
Annexation under this Code section has been called the "100% method” of annexation since it requires the consent of the owner or owners of all the land proposed
The decision here turns upon the interpretation of the word contiguous. Code Ann. § 69-903 gives this definition:" 'contiguous area’ shall mean any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, lands owned by the city or some other political subdivision, or lands owned by the State of Georgia.”
The trial court held that the legislative intent was "to allow annexation of the width, and not the indefinite length of a road,” so as to reach a parcel of land to be annexed.
We do not view Code Ann. §§ 69-902 as amended and 69-903 as being so restrictive upon municipalities under the "100% method” of annexation. Under this method of annexation the only property involved is that of the owner who applies for annexation. It merely gives him a free election as to whether to have it within or without
The fact that such "stem” or "spoke” annexation will result in irregular and odd shaped city limits, as indeed it does here, is no basis for declaring such annexations void. Likewise, the fact that such annexations result in one taxing political entity gaining or losing taxable property provides no basis to void annexations otherwise valid. Such would be the result of any annexation, whether by Act of the General Assembly, the "60% method” or the method used here.
Both parties cite numerous cases from other jurisdictions dealing with this subject. It can only be said that there is a conflict of authority in this area, many cases turning on the particular language and definitions used in the statutes. For a general discussion on the subject see 49 ALR3d 589.
In reviewing the question of annexation by municipalities in this state we must conclude that the General Assembly intended that a liberal policy apply in this area. The General Assembly has made several methods available and has apparently sought to leave such matters primarily under local control. When this court has applied a strict interpretation of these methods, as in City of Adel v. Georgia Power Co., supra, and Plantation Pipe Line Co. v. City of Bremen, 227 Ga. 1 (178 SE2d 868), the General Assembly has promptly amended the statutes to overcome such court enunciated limitations.
We must also give consideration to the effect that the nullification of these ordinances and perhaps many others in other cities would have upon the property involved and its owners. As pointed out in the amicus curiae brief filed by one of the property owners, some of the ordinances here under attack were adopted as long as five years ago and in reliance thereon many additions
This seems an appropriate case in which to apply the Latin maxim "argumentum ab inconvenienti,” as urged by former Chief Justice Almand in his concurring opinion in Plantation Pipe Line, supra. This calls for a consideration of the inconvenience which would result to property owners if such ordinances were declared invalid at this point in time.
In consideration of all the facts of this case we conclude that it was the intention of the General Assembly to allow annexations by municipalities by the method used in the ordinances here under review. The trial court erred in holding said ordinances invalid and in enjoining the appellant from using this method for future annexations.
Judgment reversed.
Dissenting Opinion
dissenting.
The majority opinion construes the 1969 Amendment to Code Ann. § 69-902 (Ga. L. 1969, p. 504) to mean that the intent of the General Assembly was to allow a municipality to annex pockets of territory miles away from its boundaries by the ruse of following the path of a public street, road, highway, or right-of-way. I dissent. The purpose of this amendment was to change an interpretation of the Code section by this court in City
This court has gone from the narrow interpretation in City of Adel to one as broad as the ocean and as loose as the goose. The result is we have satellite areas of a municipality ten or more miles from its contiguous body connected only by public means of transportation. I read no such anomaly in Code Ann. §§ 69-902 and 69-903.
I am authorized to state that Justice Undercofler concurs in this dissent.
Reference
- Full Case Name
- CITY OF GAINESVILLE v. HALL COUNTY BOARD OF EDUCATION Et Al.
- Cited By
- 14 cases
- Status
- Published