City of Buford, Ga., v. Gwinnett County, Ga.

After the City of Buford annexed and rezoned a piece of property, Gwinnett County filed a declaratory judgment action seeking to have the annexation voided. The County argued that the property was not “contiguous” as defined by OCGA § 36-36-31, being separated from the city boundary by three parcels of property, including one owned by Georgia Power Company. The trial court agreed with the County and declared the annexation void. The City appeals, contending that the trial court erred. For the reasons that follow, we affirm the trial court’s decision to void the annexation. DEC-Mall of Georgia Court, L.L.C., the owner of 2.38 acres of land in Gwinnett County, petitioned the City to annex its property and rezone it from OI to C2. DEC was considering building a drive-through bank and a restaurant on the property, and Gwinnett County had a rezoning moratorium that would have delayed an attempt to rezone the property through the county. The City notified the County of the proposed annexation, and the County objected, stating its concern that the property was not “contiguous” because it was separated from the city boundary by three separate parcels of property, and further objecting to the proposed rezoning.

Meanwhile, the City Planning and Zoning Board approved the annexation and rezoning, as did the City Commission, which passed an ordinance annexing the property. Gwinnett County then petitioned for a declaratory judgment that the City’s annexation was void. The parties stipulated the facts and authenticity of documents at a hearing before the trial court, which then granted the County’s petition and declared the annexation void.