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Hall County nixes annexation lawsuit against Oakwood

POSTED: October 30, 2007 5:05 a.m.

Hall County commissioners voted on Thursday to drop a lawsuit against Oakwood over land annexation.

Hall County government filed the suit in September, naming Oakwood and developer Martin Road Investments as plaintiffs.

At issue was Oakwood’s annexation of four parcels totaling 123 acres. The suit alleged that the South Hall city did not annex a 10-foot strip of land, which left a small area of unincorporated Hall County surrounded by the cities of Oakwood and Flowery Branch.

The suit alleged that the annexation of the four tracts creates an island, which is prohibited by law.

Commissioner Bobby Banks said that he and commission Chairman Tom Oliver voted against dropping the lawsuit.

Banks said commissioners Billy Powell, Steve Gailey and Deborah Mack voted in favor of dropping the lawsuit.

Now that the suit has been dropped, Banks said Martin Road Investments will be able to build up to 468 starter townhomes in his district, which he opposed.

"Districts two, three and four saw fit to explore ideas in my district and they approved for Oakwood to go ahead with the annexation," Banks said.

The 123 acres in question belongs to Martin Road Investments and, according to the lawsuit, became a part of Oakwood on July 16.

The 10-foot strip is bordered on one side by Oakwood and on the other by Flowery Branch.

Banks is concerned that the townhomes will be built across the street from Martin Elementary School, which he said is already overcrowded.

Banks said more schools will have to be built to keep up with the growth in his district.

"The only people that are going to suffer here is the taxpayers of Hall County," he said. They "will be left to foot the bill."



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