The story so far
In the 2013 Legislative session, lawmakers approved House Bill 619, calling for an annexation referendum for Chamblee. The measure, pushed by residents of the Dresden East neighborhoods south of Chamblee, allowed about 11,000 residents to vote on joining the city and moving the southern border to I-85. Doing so would also bring in the Century Center office complex.
In October 2013, Brookhaven City Council voted to annex Century Center at the property owner’s request. Chamblee objected prior to the vote, citing the pending referendum. A DeKalb Superior Court ruling halted Brookhaven’s annexation, saying the property would go to Chamblee, pending the referendum.
In November 2013, residents approved the Chamblee annexation, to include Century Center.
In December 2012, the state Court of Appeals put a temporary hold on the annexation, supporting Century Center’s right to appeal its fate.
In the 2014 Legislative session, the DeKalb delegation unanimously approved House Bills 905 and 906, to clarify its intent in the annexation referendum was for Century Center to join Chamblee if the measure passed.
On April 16, the state Court of Appeals heard arguments in the case. A ruling is expected this summer or fall.
On April 29, Gov. Nathan Deal vetoed House Bills 905 and 906, citing the pending litigation.
A surprise veto from the governor this week means the bitter legal battle over a prime piece of DeKalb County real estate will linger, maybe for years.
Gov. Nathan Deal said in his veto statement that he didn’t want House Bills 905 and 906, which would clarify borders for the cities of Chamblee and Brookhaven, to pre-empt the pending litigation over which city should get the Century Center office park at Clairmont Road and I-85.
But members of DeKalb’s legislative delegation, who supported the measures across party lines, said the bills were designed to end the court fight. Both clarified that a November 2013 annexation referendum was held to decide whether the office park and 11,000 nearby residents would join Chamblee.
The referendum passed – a month after Brookhaven voted to annex the 17-building complex.
Century Center’s owner, Highwoods Properties, has since appealed the referendum, saying the vote shouldn’t override its right to join Brookhaven instead.
That question is now before the state Court of Appeals, which heard arguments in the case in April. The loser in the court’s ruling, expected this summer or fall, could appeal to the state Supreme Court.
In the meantime, Chamblee has hired 37 new employees – including 22 new police officers – to serve its new southern border.
But the projected $3 million in taxes and fees the office complex generates yearly will go to the county this year, since the property will remain part of unincorporated DeKalb until the court case is settled.
“Without the commercial income, do we cut services? Do we raise taxes?” asked Chamblee City Manager Marc Johnson. “And if the court says what Brookhaven did can’t be stopped, does the annexation even stand? There are so many questions, and it’s not a pretty sight.”
Highwoods supports the residential property owners vote to become part of Chamblee, but wants the same right of self-determination for itself, said company attorney Robert Highsmith.
Company officials have long said they felt more a part of Brookhaven – its borders are now across the street – than Chamblee, whose southern end had been a mile away before the referendum.
The company sought annexation as part of its plans to redevelop six single-story office buildings in the 17-building complex. DeKalb and Chamblee would limit the new buildings to two floors, a restriction Brookhaven would lift, said Highwoods vice president Jim Bacchetta.
“It’s impossible to lure corporate re-locations here without the proper zoning,” Bacchetta said. “Brookhaven shares our vision to make that happen.”
DeKalb lawmakers, though, said the bills made it clear that the annexation vote was a promise to voters that, if they approved joining Chamblee, the complex would come, too.
State rep. Scott Holcomb, a Democrat whose district includes part of the area in question, said he expects to revive that clarification when the Legislative convenes again next January.
“The citizens of Chamblee and Brookhaven, and their businesses, all deserve finality so they can go plan for their futures,” Holcomb said. “It makes no sense to kick this down the road when we have an answer now.”
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