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LOCAL
The Champion, Thursday, Feb. 19 - 25, 2015
Decatur sued over annexation
by Carla Parker
carla@dekalbchamp.com
Two residents have filed a lawsuit
against Decatur over an annexation
that occurred in 2013 along Midway
Road.
According to the lawsuit, a sig
nature on an annexation petition
done by the city was not of the actual
homeowner. Kevin Polite, one of the
plaintiffs, said the petition for annex
ation of the properties at 2578-2612
Midway Road is invalid, which led to
him and Eunice Elise Young to file
the lawsuit.
“The city of Decatur did not
follow all of the prescribed require
ments of Article 2 of OCGA Chapter
36, Title 36 in regards to the annexa
tion,” Polite wrote in an email. “This
law is called the 100 percent annexa
tion and requires the signatures of all
homeowners.”
Decatur approved annexing five
properties on Midway in March 2013,
through the 100 percent petition
method. The lawsuit claims that one
property owner was out of the coun
try and gave his wife permission to
sign the petition in his absence.
“This invalidates the petition as
the actual homeowner, the person
on the deed, must sign,” Polite said.
“Peggy Merriss, Decatur city manag
er, in an email wrote that in fact, yes,
the homeowner wife, who is not on
the deed, signed the petition. How
ever, it is Ms. Merriss’ and Decatur’s
contention that they do not have to
follow these laws.”
According to the lawsuit, Merriss
said that the homeowner “consented
verbally” that his wife could sign the
petition. The suit also claims that
Young was unaware her property had
been annexed, not knowing what she
had signed.
Polite said that when Merriss was
made aware that Young was unaware
of what she had signed and that her
home was annexed, Merriss said that
Young and all property owners were
notified of the annexation via the U.S.
Postal Service between May and July
2013.
The suit is seeking to declare the
annexation null and void, and “award
plaintiffs their reasonable costs and
expenses, including attorney’s fees,
that they have incurred.”
Residents in the Druid Hills area are trying to keep their community
intact by saying “no” to Decatur’s annexation plan.
Druid Hills organization
opposes Decatur’s
annexation plan
by Carla Parker
carla@dekalbchamp.com
Another community is
saying “no” to Decatur’s an
nexation master plan.
The Druid Hills Civic
Association (DHCA) an
nounced its opposition to
the annexation plan Jan. 27.
The group joined the Med-
lock Area Neighborhood
Association and Clairmont
Heights Civic Association
in speaking out against the
plan.
On its website DHCA
officials said it opposes “any
city annexation proposal
that includes a significant
amount of commercial
property while excluding the
surrounding residential area,
thereby reducing the tax
base needed to support that
residential area.”
Decatur city officials re
leased their annexation mas
ter plan report Dec. 8, 2014.
The plan proposes adding
various areas, including
some west and northwest of
the city. The area includes
properties of the CSX rail
line, and north of the city
limit along Clairmont Av
enue to North Decatur Road
and along North Decatur
Road east to the city limits.
“We are especially con
cerned that the proposed
Decatur annexation includes
the commercial intersection
of North Decatur and Clair
mont Roads,” the post reads.
“This area adjoins Druid
Hills and is the primary
neighborhood retail district
for Druid Hills and the sur
rounding area.”
The group posted the
link to a petition that asks
the DeKalb County legisla
tive delegation to nix any
plans of annexing commer
cial properties.
While DHCA opposes
Decatur’s annexation plan,
it has announced its sup
port for annexation into
Atlanta. The board voted
Nov. 19, 2014 to recommend
a referendum on annexation
into Atlanta. The board said
Druid Hills residents cited
schools, taxes, services, pre
serving the historic district,
and remaining in the same
jurisdiction as Emory Uni
versity as the main factors
of annexation into Atlanta,
according to a survey the
group conducted.
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CLAUDIA G. LAWSON
Tax Commissioner
DeKalb County, GA
ATTENTION ALL DEKALB COUNTY
HOMEOWNERS
The 2015 Property Tax Exemption Deadline
is Fast Approaching!
If you owned and resided in a home in DeKalb County on January 1 st , you may apply for
a Basic Homestead Exemption and Property Assessment Freeze with the County by
April 1 st of this year. The home must be your primary domicile and legal residence for
all purposes, including the registration of your vehicles and the filing of your Federal and
State income taxes. Applications received after April 1 st will be processed for 2016.
In addition to the basic homestead exemption available to all homeowners, there are
special exemptions available for residents 62 and older, disabled veterans or their un
remarried spouses, and other disabled residents. Eligibility for special exemptions is
based upon age or disability, total household income, and must be applied for in person.
When applying, please bring your State and Federal income tax forms, Social Security
1099, and any other forms of income you may receive, to one of our three offices across
the County.
North Office
1358 Dresden Dr., NE
Atlanta, GA 30319
Main Office
4380 Memorial Dr.
Suite 100
Decatur, GA 30032
South Office
2801 Candler Rd. #66
South DeKalb Mall
Decatur, GA 30034
Remember, the deadline for applying for all homesteads is April 1 st !
Apply for the Basic Homestead Exemption, the Property Assessment Freeze, or renew
your tag registration online at: www.dekalbcountyga.gov/taxcommissioner
Questions? Call (404) 298-4000 or email us proptax@dekalbcountyga.gov