Atlanta Takes Annexation Case To Georgia Supreme Court

The Supreme Court of Georgia will hear the Atlanta annexation appeal Monday morning.
Credit Nick Nesmith / WABE
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The city of Atlanta is going to the state Supreme Court to try to get back five neighborhoods it annexed from Fulton County.

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Last year, Georgia’s General Assembly passed legislation to create the city of South Fulton. It included all of the last unincorporated areas in the county.

The law allowed areas that didn’t want to be part of South Fulton to annex into another city, but it gave a time limit.


Residents from five neighborhoods petitioned to join Atlanta. When Atlanta failed to follow some of the procedures outlined in the law, some people from those neighborhoods who didn’t want to be part of Atlanta sued … and won. Now the city’s appealing that decision.

“What the city is saying is, you know what, we don’t have to have it in order,” said Page Pate, WABE’s legal analyst. “Because this whole law creating the city of South Fulton that rushed us in this process is unconstitutional.”

The Supreme Court of Georgia will hear the appeal Monday morning.

If the city of Atlanta wins, Pate says the five neighborhoods that are now in the city of South Fulton will once again become part of Atlanta.