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17 June 2016

College Park Files Suit Seeking to Stop City of South Fulton Vote

"May you live in interesting times" is an oft-repeated curse attributed to the Chinese.

The times just got a bit more interesting in south Fulton County.

Georgia Unfiltered obtained a copy of legal action filed by the City of College Park to stop the City of South Fulton referendum. The College Park lawsuit also seeks to have House Bill 514 ruled unconstitutional.

State lawmakers passed House Bill 514, giving residents in unincorporated south Fulton the option of becoming a new city, earlier this year. The bill, signed into law by Governor Deal, authorizes a November referendum. The legislation also gives residents until 1 July 2016 to annex out of the proposed city.

College Park is among the cities nearby the proposed City of South Fulton that received annexation requests from property owners wanting to avoid the unknown of a new municipality.

Coca-Cola and Manheim Auto Auction, located along Buffington Road, opted to take their combined 184 acres into College Park. Fulton County Commissioners, however, objected to the College Park annexation even though county staff could find no legal basis upon which to file a valid objection.

"Fulton County's Objection Letter is submitted to College Park in bad faith, in an attempt to delay College Park's vote on the Annexation Petitions beyond the July 1, 2016 deadline in House Bill 514," the lawsuit reads.

"If Fulton County and the Election Board are not enjoined from proceeding with the creation of the City of South Fulton under House Bill 514, College Park and its citizens will be irreparably harmed, including the loss of College Park's rightful claim to territory, as well as the loss by College Park and its citizens of millions of dollars in tax revenue," the lawsuit continues.

City of College Park v. Fulton County Et Al. by Andre Walker

The City of College Park v. Fulton County et al. was filed in Fulton County Superior Court, 14 June 2016.