Annexation application for Toco Hills neighborhoods withdrawn

By Logan C. Ritchie

An application to annex 462 acres of privately owned land in unincorporated DeKalb County into the city of Brookhaven has been withdrawn by the applicant.

The annexation application for Toco Hills neighborhoods and commercial districts was filed by resident Howard Ginsburg in May.

Ginsburg’s withdrawal ends the annexation process for this petition, but it does not stop residents from making another annexation application in the same area. Six additional areas south of Brookhaven are working on applications to annex.

“While we have over 60% of the registered voters in the area, due to some questions raised about the application, I have decided to withdraw the current application,” Ginsburg said. “My neighbors and I remain very interested in becoming a part of Brookhaven and intend to pursue another annexation application soon unless DeKalb County gives us a chance to vote in a referendum.”

Brookhaven City Manager Christian Sigman said the withdrawal is not surprising given the issues that were raised during the public input process.

“The silver lining is that community’s voice does make a difference, and the difference is possibly a referendum in the area and a battle-tested annexation review process. Either way, we continue to welcome all adjacent residents who want to join the city of Brookhaven,” Signan said.

At a special called meeting on June 30, Ernst asked DeKalb CEO Michael Thurmond for a on the November ballot to allow residents to vote on annexation.

The county’s response to Brookhaven was a 9-page letter, dated July 18 written by DeKalb County attorneys asking the state to get involved in the fight between the two parties.

In the letter to Department of Community Affairs Commissioner Christopher Nunn, DeKalb requested the agency appoint a panel to review the application and process.

DeKalb claimed in the letter to DCA that the annexation application was “null and void” and “riddled with confirmed fraud, containing confusing and conflicting information, and failing to comply with Georgia law.”

Of several cited issues, DeKalb claims Brookhaven misreported the number of registered voters.

The 60/60 law states in the area to be annexed at least 60% of property owners plus at least 60% of the resident electors must sign a petition in favor of annexation.

Brookhaven is legally required to investigate the application for compliance of the 60/60 law. The annexation application states there are 1,394 active voters in the area in question, and that 896 signed in favor of the annexation. That’s 63.4% in support, more than the required 60%.

DeKalb Elections sent data on May 15 to Brookhaven City Clerk Susan Hiott showing the number of active voters is 1,946 in the area proposed to be annexed, which brings the support percentage to only 46%.

“Brookhaven has ignored the concerns expressed by the public as to the confusing and incomplete information provided, affidavits confirming the submission of fraudulent consents, and improper financial motives of the city, as well as the public call to slow down and add transparency to this process,” DeKalb’s letter states.

DeKalb confirmed forged signatures from Temima High School, Torah Day School, St. Bartholomew Episcopal Church, a resident on Jody Lane and two residents on Reindeer Drive.