The Scarbrough Group v. Worley

The plaintiff's claim that the city's 2007 annexation of three parcels of land was illegal because it created an unincorporated island within the city in violation of O.C.G.A. § 36-36-4 was rendered moot by the city's 2008 annexation of that island.

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The Honorable Supreme Court met pursuant to adjournment. The following order was passed: It appearing that the enclosed opinion decides a second-term appeal, which must be concluded by the end of the September Term on December 16, 2011, it is ordered that a motion for reconsideration, if any, must be received in the Clerk’s Office by 4:30 p.m. on Thursday, December 1, 2011, including any motions submitted via the Court’s electronic filing system.

These appeals arise from annexations by Peachtree City “the City” of parcels of unincorporated real property in Fayette County. We granted the petitions for a writ of certiorari filed separately by appellants Scarbrough Group and John Wieland Homes & Neighborhoods, the owners of the three parcels initially annexed by the City. In granting the petitions, we informed the parties we were particularly interested in whether appellee David Worley, the Peachtree City resident seeking to enjoin the City from providing services to the area annexed in 2007, had standing as a citizen-taxpayer to do so; whether the appeal is moot; and whether a subsequent annexation by the City cured the flaw the Court of Appeals found in the first annexation. See Worley v. Peachtree City , 305 Ga. App. 118 699 SE2d 94 2010. We conclude that the appeal was moot when it was docketed in the Court of Appeals, and the Court of Appeals should have dismissed it as such. Accordingly, we reverse the judgment of the Court of Appeals and remand the case with direction that the appeal be dismissed.

The Scarbrough Group v. Worley

The plaintiff's claim that the city's 2007 annexation of three parcels of land was illegal because it created an unincorporated island within the city in violation of O.C.G.A. § 36-36-4 was rendered moot by the city's 2008 annexation of that island.

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