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City of Riverdale v. Clayton County

The city's annexation of land in an unincorporated area of the county was invalid because the city failed to comply with O.C.G.A. § § 36-36-37 and 36-36-35.

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This is an appeal from a judgment that the City of Riverdale’s annexation of property in Clayton County was invalid. We find no error and therefore affirm the judgment. In 2001, the City of Riverdale sought to annex an area of unincorporated Clayton County by obtaining signatures of at least 60 percent of the residents in the area who favored annexation.1 On January 24, 2001, the city notified the county board of commissioners that it intended to annex 134 acres of land. On February 26, 2001, Riverdale enacted an ordinance annexing that property into the city limits.

Clayton County brought this lawsuit challenging the annexation. Riverdale and Clayton County filed opposing motions for summary judgment. The trial court granted summary judgment to the county, finding that the annexation is invalid because Riverdale failed to make the required statutory finding that annexation is in the best interests of citizens of Riverdale and residents and property owners in the annexed area, and because Riverdale’s plans to provide municipal services in the annexed area are inadequate. The court entered a subsequent order specifying that Riverdale is not to exercise municipal authority in the annexed area, enjoining the city from such actions as issuing building permits, collecting taxes, and providing first responder police and fire services in the area. Riverdale appeals.

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