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Louis Hamm
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Ron Goulart
Despite a lawsuit by the county challenging its legality, the Fort Oglethorpe Council has approved annexation of 25 acres on Mack Smith Road under zoning for single-family housing.
Catoosa County has filed a lawsuit in Superior Court claiming the city’s annexation along Mack Smith Road in 1998 was illegal “spoke annexation,” and that subsequent annexations along the road are illegal.
That would include Monday night’s annexation of the tract at 574 Mack Smith Road.
It was the third annexation request in the past 18 months on the land owned by Carl and June Edmondson. Developer Harry Patel had an option to purchase, and on this last request changed his zoning request from an earlier plan for 140 townhouses.
“We don’t control when an annexation request is filed,” Councilman Louis Hamm said. “This was just another annexation request from the owner from my perspective. This wasn’t an action to provoke anger from the county.”
Mr. Hamm, Johnnie “Red” Smith and Steve Brandon voted for the annexation.
Councilman Harold Silcox is recovering from surgery and was absent. Councilman Charles Sharrock voted “no,” saying he thought it best to wait until the lawsuit is settled.
Meanwhile, Fort Oglethorpe Mayor Ronnie Cobb said the lawsuit, filed a decade after the annexation, is surprising.
He said the city and county had split the cost of an attorney hired to advise on whether the annexation was proper, and the attorney said it was.
Catoosa officials now are ignoring that, the mayor said.
“The county is opposing this but let Ringgold annex along Battlefield Parkway to Pine Grove Road,” Mr. Cobb said.
Catoosa’s lawsuit challenges Fort Oglethorpe’s annexations of Mack Smith Road from Cloud Springs Road to the closed city sewer plant, Cloud Springs Road from Beaver Road to Interstate 75, and of Rocky Ford Road from Cedar Lane to Wildwood Trail.
The County Commission approved Fort Oglethope’s annexation on April 21, 1998, but now says it should not have.
Attorney Frank Jenkins, Cartersville, Ga., considered an authority on Georgia annexation law, is representing Fort Oglethorpe and filed an answer maintaining the annexations are legal.
Meanwhile, Mr. Hamm said he has no problem with the latest annexation under zoning for single-family homes. “I would hope we wouldn’t let him rezone the land for a higher density use,” he said.
Mr. Brandon said a rezoning request would be studied closely.
“I think our decision on any rezoning request will be determined by what the owner wants to place there and our opinion on whether we need that development in the city,” he said. “That’s the bad thing about this stuff. Rules are made to be changed.”
Catoosa Commission Chairman Bill Clark said he isn’t surprised or concerned with the city’s action.
“This will be added to our suit seeking a court decision on our challenge to the legality of the city’s 1998 annexation of a section of Mack Smith Road,” he said. “Both sides must live with the final court decision.”
The property annexed Monday by the city had been rejected for annexation in September 2006 and March 2007.
Catoosa commissioners voted 3-2 in January 2007, to deny a request from owners to rezone the tract from residential single family to a planned unit development.
Previous annexation applications for the tract have been accompanied by requests to rezone the parcel to a planned unit development with 140 to 150 townhouses.
Those proposals also envisioned using about five acres for commercial development along Mack Smith Road.
Elizabeth Street resident Bobby Riddle said the land adjoins his property.
“I don’t think Fort Oglethorpe can legally annex off Mack Smith Road because that is spoke annexation that has been illegal since 1976,” he said. “We don’t want townhouses adding to the heavy traffic on Mack Smith Road. The ground won’t perk and sewer service isn’t available at this property yet. Residents in the area opposed to this action ask the city to delay until the court rules on these issues.”
City officials agreed the density of townhouses would require sewer service connections.
