Decatur sued over Midway Road annexation

Posted by Dan Whisenhunt February 5, 2015
Decatur City Hall

Decatur City Hall

This story has been updated. 

The anti-annexation group No2Decatur has announced that the city of Decatur is the target of a lawsuit over its recent annexation of properties along Midway Road.

The lawsuit alleges that, “The City of Decatur did not follow all of the prescribed requirements of Article 2 of OCGA Chapter 36, Title 36 in regards to the annexation. This law is called the 100 percent annexation and requires the signature of all homeowners.”

The plaintiffs are Eunice Elise Young and Kevin Polite of No2Decatur.

Young lives at one of five properties along Midway Road that the city annexed in 2013. According to the complaint, one of her neighbors’ signatures on the petition isn’t valid because it contains the signature of the property owner’s wife, who is not the property owner of record. Therefore the annexation of Young’s property wasn’t valid, the lawsuit contends.

“Because of the illegal annexation, Plaintiff Young has sustained substantial, immediate and irreparable harm as a result of the City’s actions,” the lawsuit says. “Plaintiff Young continues to pay taxes to the City since 2013 solely based on the wrongful annexation.”

The lawsuit seeks an injunction to set aside the annexation of the five properties and an injunction preventing the city from annexing any contiguous properties. It also asks the city to refund the taxes Young paid and to pay for her attorney’s fees.

When asked for a response, Decatur City Manager Peggy Merriss said, “We were served with the legal complaint yesterday. It has been forwarded to the City Attorney and he will file the appropriate response with the Court.”

Complaint_annexation_City of Decatur

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  • Andrew

    Quibbles over signatures aside, the Midway annexation in question was homeowner-initiated. They pulled together neighbors that wanted to join Decatur and successfully petitioned the city. So the only thing I can infer from this is that not only does No2Decatur not want to be annexed (which seems perfectly reasonable to me) but now they want others — those who do want to join — denied the opportunity as well. That crosses the line in my book.

  • JC

    So, do I understand correctly that a husband and wife have filed suit because the wife signed the annexation proposal?

  • Jill

    Why am I not surprised that Kevin Polite is involved in this law suit?

    • travelingfool

      Rick Baggentoss you sat on the Midway Woods Neighborhood Association board and voted for me not to be on the “non partisan information committee” because I was a part of No2Decatur group, while unbeknownst to anyone you were petitioning to be annexed.
      Such high moral standards you have. Ask the 150 people who signed the petition NOT to be annexed how they feel about me.

      • Rickb

        Mr. Polite – Jill is not me.
        No, I voted against you because you’re irrational, frequently, fabricate lies, and have alienated your neighbors with persistent bullying.
        BTW, I did disclose the MW petition to many neighbors. I saw no reason to tell you.

        • travelingfool

          Mr. Baggentoss, so you’ve started name calling, which is usually a sign of bullying. So by bullying you mean I disclose to the neighbors you feel don’t fit in at Midway Woods what you are up to. Ok. that changes the definition of bullying from what I have seen. In addition, everything I have said I have documented and thus by trying to discredit me you, sir, are the bully.

          • Eric

            Hang on, let me get my popcorn. This is gonna be fun to watch…

  • travelingfool

    Ms. Young was told her taxes wouldn’t go up. They went up 10x because those “concerned” neighbors didn’t have the decency to show her how to file the home exemption. Even after this occurred her taxes when up 3x what they were. She will lose her home soon. In addition, CoD didn’t follow the rules of the law. Simple as that. If you want to be annexed you still must follow Ga law.

  • Bulldoggery

    Travelingfool = Kevin Polite = no2decatur No surprises

    • travelingfool

      Duh, the name is on the lawsuit. Obviously it’s ok for someone to lie to their long-time neighbor and tell them their taxes won’t go up and would that unsuspecting elderly neighbor sign because they are underwater and want to move and then after annexation occurs they sell their house living their neighbor high and dry.
      That could have been my African American mother who was tricked like that.
      So you couldn’t afford Decatur so you move into unincorporated DeKalb then try to annex into Decatur hurting the many elderly residents on fixed incomes or those that paid for private schools or paid to for their kids to go to Decatur.
      We talked to many when we got petitions against in 2012.You know when 4 people got as many petitions signed as the 50 on the committee for annexation.
      And you’re taking the moral high ground.
      Bless your hearts

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