As reported by Rough Draft, DeKalb County has been ordered to pay the city of Brookhaven $30,000 to settle a civil lawsuit stemming from the 2020 annexation of land at Briarcliff Road and North Druid Hills Road. This legal battle highlights the complexities and challenges surrounding municipal annexations.
In 2020, Brookhaven annexed 28 acres of land, which included prominent properties such as Chick-fil-A (2340 North Druid Hills Road), QuikTrip (2375 North Druid Hills Road), and the Target shopping center (2400 North Druid Hills Road). The annexation sparked objections from DeKalb County, leading both parties into arbitration to resolve the dispute.
The arbitrators ultimately sided with Brookhaven, awarding the city 87.5% of the arbitration costs. However, a subsequent dispute arose concerning whether the costs awarded should also include the city’s expert witness fees. This issue led Brookhaven to file a civil action in DeKalb County Superior Court.
Earlier this year, the case went to a bench trial before 4th District Superior Court Judge Nora Polk. After careful consideration, Judge Polk issued an order in favor of Brookhaven, agreeing that the statutory award of arbitration costs should indeed encompass the expert witness fees. As a result, judgment was granted in Brookhaven’s favor, and DeKalb County was ordered to pay $30,000 to the city.
This resolution marks a significant step in the ongoing interactions between DeKalb County and the city of Brookhaven, setting a precedent for how arbitration costs, including expert witness fees, may be handled in future annexation disputes.