The municipal or county governing authority or an applicant for annexation may appeal the decision of the arbitration panel by filing an action in the superior court of the county within ten calendar days from receipt of the panel’s findings and recommendations. The sole grounds for appeal shall be to correct errors of fact or of law, the bias or misconduct of an arbitrator, or the panel’s abuse of discretion. The superior court shall schedule an expedited appeal and shall render a decision within 20 days from the date of filing. If the court finds that an error of fact or law has been made, that an arbitrator was biased or engaged in misconduct, or that the panel has abused its discretion, the court shall issue such orders governing the proposed annexation as the circumstances may require, including remand to the panel. Any unappealed order shall be binding upon the parties. The appeal shall be assigned to a judge who is not a judge in the circuit in which the county is located.
History. Code 1981, § 36-36-116 , enacted by Ga. L. 2007, p. 292, § 2/HB 2; Ga. L. 2022, p. 367, § 1/HB 1461.
Editor’s notes.
Ga. L. 2022, p. 367, § 1/HB 1461, effective July 1, 2022, reenacted this Code section without change.
Law reviews.
For survey article on local government law, see 59 Mercer L. Rev. 285 (2007) and 60 Mercer L. Rev. 263 (2008).
Structure Georgia Code
Chapter 36 - Annexation of Territory
Article 7 - Procedure for Resolving Annexation Disputes
§ 36-36-111. Notice of Annexation
§ 36-36-112. Prohibition on a Change in Zoning or Land Use
§ 36-36-113. Objection to Annexation; Grounds and Procedures
§ 36-36-115. Meetings of Arbitration Panel; Duties; Findings and Recommendations; Compensation
§ 36-36-117. Annexation After Conclusion of Procedures; Remedies for Violations of Conditions
§ 36-36-118. Abandonment of Proposed Annexation; Remedies for Violations of Conditions
§ 36-36-119. Good Faith Negotiations; Written Agreement Governing Terms of Annexation