IN THE SUPREME COURT

STATE OF GEORGIA
Supreme Court Case No. S15C0400

Court of Appeals Case No. A14A0762

HIGHWOODS PROPERTIES, INC.,

Petitioner-Appellant,
v.
CITY OF CHAMBLEE, GEORGIA,
Respondent-Appellee.

MOTION FOR RECONSIDERATION OF DENIAL OF PETITION FOR

WRIT OF CERTIORARI

ROY E. BARNES
State Bar of Georgia No. 039000
The Barnes Law Group, LLC
31 Atlanta Street
Marietta, GA 30060
(770) 419-8505

ROBERT S. HIGHSMITH JR.

State Bar of Georgia No. 352777
Holland & Knight LLP
Suite 2000 One Atlantic Center
1201 West Peachtree Street, N.W.
Atlanta, Georgia 30309-3453
(404) 817-8500

ANDREA CANTRELL JONES

State Bar of Georgia No. 398440
The Galloway Law Group
3500 Lenox Road, N.E.
Suite 760
Atlanta, Georgia 30326
(404) 965-3680

COMES NOW Petitioner, Highwoods Properties, Inc. (Highwoods), and

moves under Supreme Court Rule 27 for reconsideration of the Courts March 2,
2015 order (Order) denying Highwoods Petition for Writ of Certiorari
(Petition). A true and correct copy of the Order is attached hereto as Exhibit 1.
On October 23, 2014, the Court of Appeals affirmed the summary judgment
of the Superior Court of DeKalb County in this case. In so doing, the Court of
Appeals perpetuated two errors, effectively overturning this Courts decisional law
that has stood for over four decades and stripping Georgia cities of annexation
powers delegated to them by the General Assembly. Moreover, the Court of
Appeals error affects more than just the parties to the lawsuit and the numerous
citizens that live and work in the Brookhaven and Chamblee areas. Indeed, the
issues involved in this case are of particular importance to the state as a whole, as
more and more changes occur to Georgia cities and counties as a result of
annexations and legislative municipalization. Given the magnitude of the effect
the Court of Appeals decision may have, Appellants respectfully requests the Court
reconsider its decision to deny review of the Court of Appeals decision in this
matter.
BACKGROUND
On July 1, 2013, Highwoods applied to the City of Brookhaven for
annexation of Century Center under O.C.G.A. 36-36-21, which delegates to

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municipal corporations the General Assemblys power of annexation. On October

8, 2013, the City of Brookhaven City Council voted to annex Century Center into
City of Brookhaven, effective November 1, 2013. See O.C.G.A. 36-36-21, 2(a). The City of Chamblee also attempted to annex Century Center by way of
House Bill 619, which provided for a referendum on November 5, 2013 that, only
if successful, would annex Century Center effective December 30, 2013.
Litigation ensued over these competing annexation attempts. Highwoods
and City of Brookhaven jointly moved for summary judgment on the grounds that
the City of Brookhaven had appropriately and lawfully annexed Century Center
and that House Bill 619 was not yet effective and was unconstitutional. The
superior court denied these motions for summary judgment and granted summary
judgment in favor of City of Chamblee. The superior court erroneously ordered
that the City of Brookhavens October 8, 2013 vote to annex Century Center,
effective November 1, 2013, was not valid because of the then-pending House Bill
619, which provided for a referendum on November 5, 2013 that, only if
successful, would annex Century Center effective December 30, 2013. On
November 5, 2013, the referendum passed.
On December 19, 2013, the Court of Appeals enjoined the City of Chamblee
from proceeding with annexation of Century Center pending further appellate
proceedings. The Court of Appeals affirmance of summary judgment on October

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23, 2014 preserved that injunction pending this Courts review. The Court of
Appeals affirmance of summary judgment enabled two significant errors to stand.
First, it was error to issue an injunction reversing Brookhavens October 8, 2013
annexation of Century Center based solely on legislation that by its terms would
not take effect until December 30, 2013. Second, it was error to construe House
Bill 619 to both de-annex Century Center out of the City of Brookhaven and annex
it into the City of Chamblee, thereby violating the single subject matter rule of the
Georgia Constitution. To address these errors, Appellant petitioned the Court for
writ of certiorari on November 12, 2014.
ARGUMENT
In 1970, this Court announced that, when [a] municipality exercises the
delegated power [of annexation], it is exercising the legislative power of the
General Assembly. Plantation Pipe Line Co. v. City of Bremen, 227 Ga. 1, 7, 178
S.E.2d 868, 874 (1970) (emphasis added). See also Higdon v. City of Senoia, 273
Ga. 83, 86, 538 S.E.2d 39, 42 (2000). As a result, a citys exercise of its General
Assembly delegated annexation powers is of equal dignity to local annexation
legislation. By denying certiorari, the Court allows this long standing rule, first
announced in Plantation Pipeline, to end not with a bang but a whimper.
Although as the Court of Appeals noted, this is a matter of first impression,
this issue could not be more ripe and relevant in the current political climate, as

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more and more Georgia communities seek annexation and incorporation. There
are currently plans to form no less than six new cities in the counties of DeKalb
and Fulton alone. 1 Never before have the rules governing annexation been as
important to the citizens of Georgia as they are today. Consequently, there can be
little doubt that the issues in this case are of great concern, gravity, and importance
to the public, more than satisfying this Courts Rule 40 requirements for the
granting of the writ of certiorari.
Furthermore, the Court of Appeals decision also sets precedent that allows
Georgia courts to make rulings based on pending legislation and laws that have not
yet become effective. If the Court does not address this issue now, such precedent
could have serious due process implications going forward.
CONCLUSION
For the foregoing reasons, this Court should reconsider its March 2, 2015
Order and grant Appellant Highwoods Properties, Inc.s Petition for Writ of
Certiorari.

Mark Niesse, All cityhood movements alive at Georgia General Assembly,

Atlanta Journal Constitution, Feb. 1, 2015, available at
http://news.blog.ajc.com/2015/01/30/all-cityhood-movements-alive-at-georgiageneral-assembly/ last accessed March 12, 2015.
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Respectfully submitted this 12th day of March, 2015,

THE BARNES LAW GROUP, LLC

HOLLAND & KNIGHT LLP

/s/ Roy E. Barnes

Roy E. Barnes
State Bar of Georgia No. 039000
31 Atlanta Street
Marietta, GA 30060
(770) 419-8505
(770) 590-8958 (facsimile)

/s/ Robert S. Highsmith Jr.

Robert S. Highsmith Jr.
State Bar of Georgia No. 352777
1201 West Peachtree Street
Suite 2000
Atlanta, Georgia 30309-3449
404-817-8500
404-881-0470 facsimile
GALLOWAY LAW GROUP, LLC
/s/ Andrea Cantrell Jones
_
Andrea Cantrell Jones
State Bar of Georgia No. 398440
3500 Lenox Road, NE
Suite 760
Atlanta, GA 30326
(404) 965-3680
Attorneys for Appellant Highwoods
Properties, Inc.

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IN THE SUPREME COURT

STATE OF GEORGIA
Supreme Court Case No. S15C0400

Court of Appeals Case No. A14A0762

HIGHWOODS PROPERTIES, INC.,

Petitioner-Appellant,
v.
CITY OF CHAMBLEE, GEORGIA,
Respondent-Appellee.

CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing
Motion for Reconsideration of Denial of Petition for Writ of Certiorari, along
with a copy of this Certificate of Service, upon counsel for Appellee by statutory
electronic service to:
Robert E. Wilson, Esq.
Stephen G. Quinn, Esq.
WILSON, MORTON & DOWNS
Two Decatur Town Center
125 Clairemont Avenue, Suite 420
Decatur, GA 30030-2551
This 12th day of March, 2015.
HOLLAND & KNIGHT LLP

/s/ Robert S. Highsmith Jr.

Robert S. Highsmith Jr.
State Bar of Georgia No. 352777
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SUPREME COURT OF GEORGIA

Case No. S15C0400
Atlanta, March 02, 2015

The Honorable Supreme Court met pursuant to adjournment.

The following order was passed.
HIGHWOODS PROPERTIES, INC. v. CITY OF CHAMBLEE
The Supreme Court today denied the petition for certiorari in this case. All the
Justices concur.

Court of Appeals Case No. A14A0762

SUPREME COURT OF THE STATE OF GEORGIA

Clerk's Office, Atlanta
I certify that the above is a true extract from the
minutes of the Supreme Court of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.