Fulton County Superior Court

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Date: 51241201 6 9:09:03 AM
Cathelene Robinson, Clerk

IN THE STIPERIOR COURT

STATE OF GEORGIA
Jewel Johnson, Nathau Johnson, Rebeca
Kashe, Charles E. Ross, Ralphel
Ammoas, Evelyn Wise Weaver, Anwor
Shogarabi, Carol H. Wilson, Kelly D.

2016CV275557

Jones, Gloria T. Jones, Patricia

Thompson, Dana L. Crockett, Charles L.

Dudbley, Alexander Bristor, Lucy

Lavoulle, Gladyne Hughes, Residents
Loch Lomond Estates, and
Unincomorated South Fulton. etc.
Plaintiffs,
vs.

MAYOR & CITY COUNCIL,

CITY OF ATLANTA
Defendant.

of
)

Civil Action File No:

)
)

COMPLAINT FOR INTERLOCUTORY INJUNCTION AIYD

TE]\,[PO
PLAD\iTIFFS files this Complaint and shows the following:

That the City of Atlanta has failed to follow annexation procedures pursuant to
O.C.G.A. Titlc 36, Chapter 36.
No mailed notice was provided to residents of the proposed anrexed
property or the surrounding neighborhood regarding the annexation
proposal. The City of Atlanta has not met requiremeflts, set forth in
state law, for public notification of potential annexation. Residents
have nql reqeived spch written notificatiens, nqr has any othpr
potentially impacted property owner. Failure to provide the legally
required notification of properly grounds is clearly a violation of
annexation larvs as established pursuant to state law.

Failure to comply rvith State Law, the 60% method of annexation

requiring o'vali.d" signatures of both 60% of the registered voters and
owners of 60Y' of the land acreage, within any mapped area requesting
annexation into a city.

The larv also states that: (g) the necessary number of signatures of
landowners and electors shall be obtained within one calendar year

required nurnber within the one-year period shall invalidate previouslyi

coilected signatures. Nothing in this subsection shall prohibit'

collection of sigrratures fror4 lhq Sarne- perso!! oq- -subsequent,
applications for an4exation. The first signature on several annexation
p"iitioirr for consideration was obtained August 2014, with an
ixpiration date of August 2015, thus, all sigratures are invalidThe City caflnot determine its own number of registered voters, which
can only be determined by the Fulton County Board of Elections. The
Cify has calculated its own number (which is lower) as opposed to the
number of registered voters that the Board of Elections has indicated.
That manipulation of the number of registered voters is the basis for
their claim that 600/o of registered voters have signed and been
validated.

The state laiv reads as follows:

'5

36-36-3211a; nor the purpoie of determining the percentage of,

Electors signing such application, the municipal governing body shall
obtain a list of electors residing in such ar:ea -tgm-the.-board qf
registrars of the coun\t or counties in which the area lies- The list shall
be contrtiler! bv the board of reqistrars and provided to the municipal
qoverning hody in accordance with Code Section 2I-2-227. The
municipal governing body shall bear the expense of the preparation of
the list in the manner prescribed by such Code section.
'

The proposed future land use designation under the CiB's

Comprehensive Plan is not consistent with Fulton County's Land Use
designation lor the Communities proposed to be annexed.

Numerous "service delivery mechanisms" have not been addressed in

accordance with state law. No report setting forth its plans to provide
services to the area has been presented to residents. No plans have
been submi:ted to citizens forreview.

municipal comoration exercisins authority under this article:

shall make plans for the extension of services to the area proposed to
be annexed and. prior to the public hearing provided for in C.ode,
Section 36-36-36. shall prepare a report settine forth its plans to
provide sen ices to the area.

(a)

There has been insufficient public discussion and awareness of a

potential action that would create new annual property tax obligation
for hundreris of ProPertY owners.
The potential impact of the proposed annexation will have adverse
effects far beyond the communities identified. Bvery property ownlr
will be adversely impacted. It is riot clear what the reasoning of the
city of Atlanta proposed annexations are and why they are proceeding
*ith trking actionJin violation of state annexation laws. The benefits,
implications, or costs of such annexations have not been
communicated by the City to residents of the proposed
areas/comniunities to be annexed. In fact, neither residents or property
owners have received any direct comrirunication from the City of
Atlanta in r.:gards to the proposed annexation.

oi the lack of communication from the City of Atlanta on

their proposed annexations, it is the belief of both residents and

Because

properly o\!'rlers that they will be harmed by upcoming actions by the

City of Atlanta and believes that the proposed annexations are not
legitimate t.nd legal.

DEFENDANT is located in Fulton County, Georgia, and is subject to the jurisdiction

ofthis Court.
AS SHOWN fronr the facts contained herein, unless the defendant is immediately
restrained from further an^;exation proceedings, plaintiffs will suffer an immediate and
irreparable injufy in tirat tireir "Due Process" rights will have been violatedWHEREFORE, PLAINTIFF prays forthe following:

That the Court i".sue a temporary restraining order prohibiting the defendant from
proceeding rvith t..king any further annexation actions until an "Independent Entity
verifies conformiurce with Ga Annexation Laws pursuant to O.C.G.A. Title 36,
Chapter 36.
That the Court set dolvn at the earliest possible time a hearing on an interlocutory

iqiunction in this cause;

That upon said herring in this cause that the Court issue an interlocutory injunction
pro"hjbiting cle.fenrlart,tom po.mmu-nicati.ng rvith any.rpsident or p-roperty omer that
is a part of an ann.:xation petition that has been submitted to Fulton Coun$
Government;
That upon a final hearing in this cause, that said interlocutory injunction be made
permanent;
For such other and further relief that the Court deems just and proper under the
circumstances.

Respectfulty submitted tire

PLAINTIFFS

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day of May 2016,

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Respectfully submitted

PLAINTIFFS

the

zlS+'r/ day of May 2016,

City of Atlanta Law Department

68 Mitchell Street, SW, Suite 4100
Atlanta, GA 30303
(404) 330-69 47 (Telephone)
(404) 546-9s3s (E-fax)
Iterry@atlantaga.gov

INIHE SIIPERIORGOTIRT
SIAIE OFGTORGIA
Johson, ResideG ofl.och
I.ommd Estates, hoperty Oulrrss,
Jemtel

Gladyne r+ngfres (Residerts of

thincoroced Souh Frilbd. t*c.

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)

Plaimift,
vs.

IVIAYOR& CIIY COUNCII,

CITYOFATI.A}.ITA
f,tefmdant
personally

CivilAclionFileNo:

ATTIDAVITOF X'ACT
qeeored befere tte unders:gned officer aftoriadto

fa-.4
howtedgc otrtte frIlowiog tu;

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adainisten

ods,

.u,tostrBund6oae+ntsho,hehasperrcI

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City of Atlryh bas friled'b foltow umtxr$g qpce&qes oursuaq$ to

O-C-G}A Ttrle 36 (hrytet36That

ffiistre cqA

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IN

TIfi

SIJPERIOR COURT OF FIILTON COUNTY, GEORGIA

136 PRYOR STREET,

ROOM C-103, ATLANTA, GEORGIA 30303

SUMMONS

)e,,suL Jo),rr,son, Ala4nu^', .-4 r

n* *a _
) Of.,,lson
I.

) Case
) No.:

2016CV275557

)
)

Plaintiff,

YS.

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TO THE ABOVE NAMED DEFLNDANT(S):

reqr-rired to file electronically with the Clerk of said Court at

https://efilesa.tvlerhost.net/ofsweb and serye upon plaintiffs attorney, whose name and address is:

You are hereby summoned and

An answer to the complairit which is herewith served upon you, within 30 days after service of this

summons upon you, exclusive of the day of service; unless proof of service of this complaint is not filed
within five (5) business days of such service. Then time to answer shall not commence until such proof
of service has been filed. lF YOU FAIL TO DO SO, JUDGMENT BY DEFAULT WltL

BE TAKEN AGAINST YOU

FOR THE RELIEF DEMANDED IN THE COMPLAINT.

512412016
t

day of

hts

20

Honoiable Cathelene "Tin#.obinson

Clerk of Superior Cour( " \aW
,/,
By
Deputy Clerk

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'

To defendant upon whom this petition is served:

This copy of complaint and su:nmons was served upon you

20_
Deputy Sheniff

lnstructlons: Attach addendum sheet for

a d

dltional parties if needed, make notatlon on this sheet lf addendum ls uscd