Chamblee City Council wants to be absolutely certain that its dispute with Brookhaven over Century Center is really over.
On Nov. 14, Chamblee City Council passed a resolution asking Brookhaven to officially rescind its vote to annex the Century Center office complex and formally dismiss its appeal to the Supreme Court.
Brookhaven City Council approved a resolution Nov. 12 to discontinue funding for an appeal to the Georgia Supreme Court. Also in its resolution, the City Council asked Chamblee to drop its lawsuit against Brookhaven over the Century Center property.
“The Chamblee City Council is grateful for the Brookhaven City Council’s stated intentions contained in its Nov. 12 resolution,” said Chamblee City Manager Marc Johnson in a press release. “However, the wording of that resolution is such that it does not provide clear and convincing finality to the dispute. It leaves open the possibility that the annexation dispute and appeal to the Supreme Court will continue, providing only that Brookhaven will not actively participate nor fund it any further.”
After Highwoods Properties, the owners of Century Center, applied for annexation into Brookhaven, Brookhaven City Council voted Oct. 8 to bring the property into the city. But Century Center was already drawn into the General Assembly’s local act establishing the Chamblee annexation referendum.
The two cities went to court, and DeKalb County Superior Court Judge Tangela Barrie ruled that Brookhaven could only annex the property if the Nov. 5 Chamblee referendum failed. Brookhaven then appealed the judge’s decision to the Georgia Supreme Court.
On Nov. 5, the Chamblee annexation referendum was approved by 61 percent of voters, and Brookhaven decided it would no longer pursue the appeal.
Chamblee Mayor Eric Clarkson said the city needs to move quickly and “expend a tremendous amount of resources” to bring the approximately 11,000 new residents of the annexation area, which includes Century Center, into the city.
“We haven’t gotten any type of notice that [Brookhaven officials] have dropped their appeal in Supreme Court,” Clarkson said. “As long as there’s an appeal out there, it does seem open-ended.”
Brookhaven Mayor J. Max Davis said, “We already took the action we took last Tuesday. … We don’t have any comment about their resolution at this time.”
Highwoods Properties was not immediately available for comment.