Bulloch County Superior Court Judge Ronald K. Thompson has issued a consent judgment in a lawsuit filed by a group of property owners against the City of Statesboro. In January, the City Council voted to annex approximately 41 acres of land along Beasley Road into the city limits for the purpose of developing attached single-family homes.
Several property owners in the area opposed the development and later sued the City, suggesting that it did not have the legal power to approve that annexation and that it should be null and void. They filed suit in February.
"My clients and the city eventually agreed that the attempted annexation would not have legal effect and that the city could not take further action with respect to the property owners' application submitted in early December," said Andrew J. Lavoie, attorney for the plaintiffs. "That means that the property will not be annexed into the city limits at this time, but the property owner is not prohibited from reapplying for annexation of the same parcel."
Timeline of Events
January 17
At the January 17 City Council meeting, the Council approved an application submitted by Bel-Air Estates, Inc. to annex a property adjacent to Beasley Road in order to develop a single-family attached home subdivision on approximately 41 acres.
A large number of citizens came to the City Council meeting to oppose the annexation.
Speaking on behalf of the annexation were Joey Maxwell of Maxwell-Reddick Engineering, Lamar Smith, the developer, and Marcus Toole of Habitat for Humanity.
Speaking against the annexation were former Bulloch County Commission Chairman Raybon Anderson, who has lived for 55 years on adjoining property; Susan Riley, who lives across from the project; Sara Thompson; and Bo Davis. The main concerns presented were about the introduction of rental properties, population density, and the potential for public safety issues.
A petition with 50 names was presented to the city clerk against the annexation.
The full minutes for that meeting are available here.
February 7
Bulloch County resident Susan Riley addressed City Council regarding its January 17th annexation of 41 acres of property in the Bel Air subdivision. Though not an attorney, Mrs. Riley felt that she had found several legal reasons for voiding the vote and having the annexation decision recanted. She also requested that the Council review all future growth and annexation in the city. Members of the Council did not respond to Mrs. Riley's comments or take any further action regarding the annexation of the 41 acres into the City of Statesboro.
February 16
Plaintiffs Jerry Keith Hood, Kimberly King, Raybon Anderson, Charles F. Shiels, Sandra Lee Bell, and Judy R. Kent filed a lawsuit in the Bulloch County Superior Court against the City of Statesboro, claiming that the city's attempt to annex the 41 acres into the city limits was null and void from its inception.
February 21
The City Council entered and returned from executive session, after which a motion was made to direct the city attorney to enter into settlement negotiations with the plaintiff's attorney regarding the Beasley Road annexation action taken on January 17th.
February 24
A Consent Judgment was entered declaring the City’s attempted annexation of the Beasley Road property null and void from its inception and of no effect, and enjoining the City from taking any further action with respect to the annexation application submitted by the property owner in early December 2022.
