City of Atlanta v. MaysAnnotate this Case
This case involved challenges to the City of Atlanta’s attempted annexation of five areas. Shortly after the Governor approved HB 514 on April 26, 2016, Atlanta received petitions for annexation from five unincorporated areas of Fulton County contiguous to Atlanta. Emelyn Mays and five other individuals (collectively, “Mays”), who represented each of the proposed annexation areas as residents or property owners, filed a petition for declaratory judgment challenging the annexations. The trial court held an evidentiary hearing, and shortly thereafter issued an order granting Mays’s request declaring the annexations null and void on the ground that they were untimely under the terms of HB 514 and thus the Communities were part of South Fulton. In reaching this conclusion, the court expressly rejected Atlanta’s contention that HB 514 unconstitutionally conflicted with the general laws governing annexation by municipalities by preventing Atlanta’s annexation of the Communities as of July 1, 2016. Atlanta appealed to the Georgia Supreme Court. The Supreme Court found the trial court correctly held that the annexations were invalid because at the time they would have become effective, the areas in question were already part of the newly incorporated City of South Fulton and thus ineligible for annexation by Atlanta. Accordingly, the Court affirmed.