Filing of Petition for Declaratory Judgment to Determine Validity of Annexation; Judicial Review

  1. Law
  2. Georgia Code
  3. Local Government
  4. Annexation of Territory
  5. Annexation Pursuant to Application by Owners of 60 Percent of Land and 60 Percent of Electors
  6. Filing of Petition for Declaratory Judgment to Determine Validity of Annexation; Judicial Review

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  1. Within 30 days of the effective date of the ordinance annexing land to the municipal corporation, any resident elector of the area so annexed or of the municipal corporation or any property owner of such area or of the municipal corporation may bring a petition for declaratory judgment, in the superior court of the county of the legal situs of the annexing municipal corporation, to determine the validity, in accordance with this article, of the application and the municipal corporation's action thereon.Whenever such a petition is filed, the municipal governing body shall file with the court the record of their official actions in regard to such application and a certified copy of the annexing ordinance.
  2. The judgment of the court on any such petition may declare the annexation ordinance null and void upon a finding that the application and the municipal corporation's action thereon are not in substantial compliance with this article. Upon a finding that procedural defects or defects in the plan for service to the annexed area exist, the court, where possible, shall frame a judgment to perfect such defect and uphold the ordinance.
  3. Actions provided for in this Code section shall be in accordance with Chapter 4 of Title 9.
  4. Any aggrieved party may obtain a review of a final judgment under this Code section as is provided by law in other cases.

(Ga. L. 1966, p. 409, § 9; Code 1981, §36-36-29; Code 1981, §36-36-39, as redesignated by Ga. L. 1992, p. 2592, § 3.)

Editor's notes.

- Ga. L. 1992, p. 2592, § 3, effective July 1, 1992, renumbered former Code Section 36-36-29 as present Code Section 36-36-39.

JUDICIAL DECISIONS

Boards of education do not come within category of persons barred from attacking ordinances after 30 days. Plantation Pipe Line Co. v. City of Bremen, 227 Ga. 1, 178 S.E.2d 868 (1970); City of Marietta v. Cobb County Sch. Dist., 237 Ga. 518, 228 S.E.2d 894 (1976).

Annexations properly invalidated.

- Judgment invalidating the City of Atlanta's attempted annexation of five areas was affirmed because the trial court correctly held that the annexations were invalid since at the time the annexations would have become effective, the areas in question were already part of the newly incorporated City of South Fulton and, thus, ineligible for annexation by Atlanta. City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).

Cited in City of Lovejoy v. Clayton County, 335 Ga. App. 881, 783 S.E.2d 395 (2016).

RESEARCH REFERENCES

C.J.S.

- 26 C.J.S., Declaratory Judgments, §§ 99, 100.

ALR.

- Proper remedy or procedure for attacking legality of proceedings annexing territory to municipal corporation, 18 A.L.R.2d 1255.


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