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City of Lovejoy v. Clayton County

A city failed to comply, or to substantially comply, with statutory prerequisites for annexation of certain property.

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In Title 36 of our code, Local Government, is Chapter 36, which sets out several procedures by which a city can annex territory. At issue is the procedure set out in Article 3 of that chapter, OCGA § 36-36-30 et seq., which provides for annexation pursuant to application by the owners of 60 percent of the land at issue and 60 percent of the electors residing on it.

As a prerequisite to annexation under that procedure, a city must substantially comply with, among other things, the requirements of OCGA § 36-36-36 regarding notice and opportunity to be heard. Specifically OCGA § 36-36-36 a requires that a public hearing be held before the city exercises this annexation authority and requires that notice of that hearing be advertised once a week for two consecutive weeks immediately preceding the hearing in a newspaper of general circulation in the municipal corporation and in the area proposed for annexation. Id.

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