City of Riverdale v. Clayton County

588 S.E.2d 845, 263 Ga. App. 672, 2003 Fulton County D. Rep. 3183, 2003 Ga. App. LEXIS 1289
CourtCourt of Appeals of Georgia
DecidedOctober 20, 2003
DocketA03A1116
StatusPublished
Cited by1 cases

This text of 588 S.E.2d 845 (City of Riverdale v. Clayton County) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Riverdale v. Clayton County, 588 S.E.2d 845, 263 Ga. App. 672, 2003 Fulton County D. Rep. 3183, 2003 Ga. App. LEXIS 1289 (Ga. Ct. App. 2003).

Opinion

Johnson, Presiding Judge.

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, [673]*673Riverdale 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 interest 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.

1. Riverdale claims that the trial court erred in holding that OCGA § 36-36-37 requires the governing body of a municipal corporation to make a specific finding of best interest on the record before adopting an annexation ordinance. The enumerated error is without merit because, contrary to Riverdale’s claim, the trial court did not render such a holding.

In its written order, the trial court quoted OCGA § 36-36-37 (a), which provides:

If, after the public hearing, the governing body determines that the annexation to the municipal corporation of the area proposed in the application would be in the best interest of the residents and property owners of the area proposed for annexation and of the citizens of the municipal corporation, the area may be annexed to the municipal corporation by the adoption of an annexing ordinance.

The trial court then construed the plain language of this Code section to mean that the best interest determination is a condition precedent to annexing property.

The court further found, as a matter of fact, that Riverdale had not made the required determination as to whether annexation was in the best interest of its own citizens or the residents and property owners of the area to be annexed. In support of this finding, the court noted that there is nothing in the record showing that the city council considered or voted on the best interest requirement, that there is no reference to a best interest determination in the minutes of the public hearings held on the matter, and that the ordinance itself makes no mention of a best interest determination.

Thus, even though the court found as a matter of fact that [674]*674Riverdale had not made the best interest determination, the court never held that such a determination must be made on the record. The trial court simply found, from the record before it, no evidence that the requisite determination was ever made. Moreover, the court never suggested any particular method or manner by which Riverdale could show that it had made the determination.

We agree with the trial court that OCGA § 36-36-37 (a) requires that the best interest determination be made prior to annexation. And while the plain language of the statute does not expressly state that the determination must be made on the record, it certainly behooves any municipal corporation to make a record of such a mandated determination. Otherwise, a municipal corporation that fails to make a record of its best interest determination before annexing property runs the risk of facing the same problem that Riverdale now faces. That is, the annexation is vulnerable to any challenger who can establish that there is no evidence that the required best interest determination was made.

Regardless of that, the narrow issue now before us, as raised by Riverdale’s enumeration of error, is whether the trial court erred in holding that the best interest determination must be made on the record. Because the court never rendered such a holding, but found only that Riverdale did not in fact make the best interest determination, the enumeration is without merit and we find no error.

2. Riverdale complains that the trial court erred in holding that the city failed to make adequate plans to extend services to the annexed area as required by OCGA § 36-36-35. The complaint is without merit.

Under OCGA § 36-36-35, a municipal corporation must make plans for the extension of services to the area proposed to be annexed, and at least 14 days before the public hearing on the proposed annexation it must prepare and make available to the public a report setting forth those plans.2 The plans must provide for extending police and fire protection, garbage collection, and street maintenance services to the area to be annexed.3 The plans must also provide for the extension of major trunk water mains and sewer outfall lines into the area within 12 months of the annexation.4 The report of such plans shall include a map showing the present and proposed boundaries of the municipal corporation, the present and proposed extensions of water mains and sewer interceptors and out[675]*675falls, and a statement setting forth the plans for extending major municipal services to the area to be annexed.5

In the instant case, the report made available to the public by Riverdale consisted of brief written statements from three city department heads. The police chief stated: “Upon review, I am confident that the Riverdale Police Department can serve the Verde Drive Area Project with existing manpower and equipment. We were already serving the area prior to having to redo the annexation. Please let me know if you have any questions or need additional information.”

The fire chief stated: “Riverdale Fire Services can serve the Verde Drive Project Area with existing manpower and equipment. Station 1 will be the first response engine into the area. If you need additional information, please let me know.”

And the public works director stated:

The Riverdale Public Works Department can serve the annexation area with existing manpower and equipment. Most of the area already receives water and sewer service by either the City of Riverdale of [sic] Clayton County Water Authority. We have an existing agreement with CCWA on who would serve any new development. Please let me know if you have any questions.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Scarbrough Group v. Worley
719 S.E.2d 430 (Supreme Court of Georgia, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
588 S.E.2d 845, 263 Ga. App. 672, 2003 Fulton County D. Rep. 3183, 2003 Ga. App. LEXIS 1289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-riverdale-v-clayton-county-gactapp-2003.