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100-acre plaza at center of territory dispute
by LaTria Garnigan
August 21, 2013 12:37 PM | 2551 views | 0 0 comments | 21 21 recommendations | email to a friend | print
Attorneys representing the cities of Brookhaven and Chamblee met last week in DeKalb County Superior Court Judge Tangela M. Barrie’s courtroom for a hearing regarding the proposed annexation of the 100-acre Century Center property.

In the beginning of July, Highwood Properties [formerly called Century Center] tenants made an application to the city of Brookhaven to be annexed inside city lines. Upon hearing of the application, Chamblee officials filed a restraining order against Brookhaven to stop the process from going further.

“Last legislative session, the General Assembly passed Local Act 205 [House Bill 619], signed by Gov. [Nathan] Deal May 6,” said Bob Wilson, attorney representing Chamblee. “For certain property to be put up in a referendum in November 2013 for people to vote whether to be annexed into Chamblee. It is very clear, in the lines spelled out, exactly what is to be voted on in the referendum.”

Cecil McLendon, representing the city of Brookhaven, said this is a complicated area of the law that the meaning of the statue that was passed [Local Act 205] does not support Chamblee’s argument.

“This injunction seeks to keep Brookhaven from voting,” said McLendon. “This vote is vital because we haven’t been able to show we would have annexed it.”

McLendon is speaking of a vote by city officials on whether or not they would agree to let Century Center be annexed into the city.

“Local Act 205 does not create annexation,” said McLendon. “The only thing they’re [Chamblee] is entitled to is a vote. That is their only right. Nothing here is going to keep them from a vote.”

Wilson said Chamblee would be harmed financially if annexed into Brookhaven, because Century Center is the commercial core for the city.

Barrie said she had a few days and will take this matter under advisement.

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