Carroll County v. City of Bremen, 43199
| Decision Date | 04 September 1986 |
| Docket Number | No. 43199,43199 |
| Citation | 256 Ga. 281,347 S.E.2d 598 |
| Parties | CARROLL COUNTY, Georgia v. CITY OF BREMEN. |
| Court | Georgia Supreme Court |
C. David Mecklin, Jr., Vassy, Mecklin & Pyles, Carrollton, for Carroll County, Ga.
Jack F. Witcher, John W. Kilgo, Bremen for city of Bremen.
George B. Haley, Atlanta, for Young Men's Christian Ass'n of Metropolitan Atlanta et al.
Carroll County initiated this action by filing a petition to condemn land which was owned by the Young Men's Christian Association (YMCA) when the condemnation was filed. The YMCA answered and moved to enjoin the condemnation on the grounds that there was no public purpose and that the condemnation was filed in bad faith. The City of Bremen intervened and also sought injunctive relief and moved to dismiss the condemnation contending the sole purpose of the condemnation was to deprive Bremen of its chosen site for a sewage treatment plant.
The trial court referred the issues to a special master who after hearing evidence recommended the petition be dismissed. The trial court modified the special master's order but also concluded that the condemnation petition should be dismissed. The court concluded that the condemnation was in bad faith, that the county had improperly sought to condemn land within the boundaries of another local government and that the description of the land to be condemned was inadequate. Since the filing of the notice of appeal in this case the YMCA has conveyed a fee simple interest in the land to the City of Bremen. The YMCA has filed a statement of lack of interest and standing and has asked to be dismissed as a party to the appeal.
The evidence shows that the City of Bremen had been negotiating with the YMCA for some time to buy the land in question for a water-waste facility. In 1981 the former Carroll County Commission adopted a resolution approving the facility. The City of Bremen has expended considerable public money in planning the facility and obtaining the approval of the Environmental Protection Agency. In 1985 a new commissioner, Teal, took office in Carroll County and the new commissioner is opposed to the location of the facility in Carroll County. Teal, as sole commissioner, adopted a resolution withdrawing the support of the county for the facility.
The evidence showed that Teal was an outspoken critic of the facility, had encouraged members of the public to contact the Georgia Environmental Protection Division and the YMCA to oppose the plan and had explored legal avenues to blocking the project. Teal also joined with others as petitioners to have Mount Zion annex the subject property into its city limits.
On October 18, 1985 the City of Breman annexed the property as a result of a petition filed by 100% of the landowners, that is, the YMCA, pursuant to OCGA § 36-36-2. On October 21, 1985, the city of Mount Zion adopted a resolution annexing the same property and then learned Bremen had already annexed. On October 22, 1985, Carroll County filed this condemnation to take the land for use as a training area for police and fire employees of Carroll County.
At the time the condemnation was filed, and at the time of proceedings below, a general summary statement in favor of a training facility at the YMCA property had been prepared, but no other written plans or documentation had ever been made. Teal testified he looked at the land in the summer...
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