Berkeley Lake Moves to Annex Additional Properties

On Thursday, Nov. 17 in its scheduled council meeting, the City of Berkeley Lake moved to annex 55 commercial properties along with 15 residential properties into its city limits.

The annexation has some in Peachtree Corners questioning the decision by Berkeley Lake as the annexations took place nine days after the Nov. 8 referendum was passed by voters approving the incorporation of the City of Peachtree Corners.

Mark Middleton, an attorney speaking for the new City of Peachtree Corners asserts that the voters made their decision on Nov. 8 and questions Berkeley Lake's decision to annex properties after the referendum passed.

“When the November 8th referendum passed, Peachtree Corners became a city. So any attempt by another city to annex property with the legislatively approved boundaries of Peachtree Corners is unlawful,” said Middleton.

“This action by Berkeley Lake Council creates all kinds of practical problems," Middleton added. "For example, how does Gwinnett County conduct a fair election if the boundaries for Peachtree Corners and the Council Districts continue to change over the next several months?”

The commercial properties are located between N. Berkeley Lake and South Old Peachtree and Peachtree Industrial Boulevard and Buford Highway; the residential properties are on Bush Road and Habersham Lane, both areas were to be a part of the new City of Peachtree Corners.

Since Gov. Nathan Deal signed the bill on May 11 to allow Peachtree Corners voters to decide on incorporating as a city, the surrounding cities of Norcross, Duluth and Berkeley Lake have been approaching businesses to annex into their prospective cities.

Prior to the Nov. 8 referendum vote, Norcross annexed four commercial properties, Duluth 13 and Berkeley Lake, through locally sponsored legislation approved by the Georgia General Assembly, annexed 25 commercial properties and one residential property.

The Berkeley Lake properties were located between the former city limits and Peachtree Industrial Boulevard. These annexations then allowed Berkeley Lake to pursue property owners on the east side of Peachtree Industrial Boulevard as the property annexations must be contiguous.

“The boundaries of Peachtree Corners were set by the General Assembly in the regular session, and then revised with the Berkeley Lake annexation during the Special Session. These bills, which passed before the referendum, show the intent of the legislature as to the lawful boundaries of Peachtree Corners,” said Middleton.

Dick Carothers, attorney for the City of Berkeley Lake contends that Peachtree Corners is not yet a city so therefore the annexations are proper. Carothers asserts that Peachtree Corners does not become a city until it constitutes a government. Elections to choose a mayor and city council is set for March 6, 2012.

The issue has been brought to the attention of Gwinnett County's attorney Van Stephens for review. Calls to Stephens for comments have not been returned as of the deadline for this story.