Judge rules in favor of Newnan in Lower Fayetteville Road lawsuit | News

The lawsuit, filed by the county on Feb. 22, 2023, asked the court to stop the city from taking action on a proposed annexation of the acreage on Lower Fayetteville Road, west of Newnan Crossing Bypass.

Newnan City Council members approved the annexation and zoned the property planned development – residential in March 2023.

Developer Lennar Homes proposed a 140-lot housing development on the property, which was formerly used for industrial purposes by Caldwell Tanks but was currently zoned rural conservation by the county. The developer requested annexation into the city of Newnan in November 2021 but pulled the request before the council took action on it. Lennar requested annexation again in July 2022.

According to the county’s complaint, it objected to the proposed annexation on Aug. 23, 2022, because the substantial change in the intensity of the proposed zoning would significantly increase the net cost of infrastructure.

An arbitration was set up by the Department of Community Affairs and panelists selected by the city and county. The arbitration was scheduled to take place on Oct. 27, 2022. But one of the panelists resigned a week before the scheduled arbitration and so it did not take place.

In February 2023, the city began to consider the annexation again at the developer’s request.

“The proposed annexation may only be completed after final resolution of the county’s…