Clarkston’s city records show the city approved the annexation in 2018 after receiving an application from the property owner at that time. Clarkston declined to comment about the lawsuit.
Tucker is asking the court to void the annexation and return the land to its original zoning. In addition, the city wants construction on the apartment complex halted.
According to a city official, Tucker wasn’t aware of the annexation until October 2020, prompting the lawsuit that was filed in DeKalb County Superior Court on Nov. 24.
The DeKalb County Housing Authority currently owns the property and is leasing it to Peachtree Creek on Ponce Apartments, LLC, the company building the apartment complex. Both entities are named in Tucker’s lawsuit as defendants for their roles. DeKalb County, also named as a defendant, declined to comment on pending litigation.
“This poses a threat to Tucker’s interests in real property, as well as infringes on Tucker’s property rights to land within its city boundaries,” Tucker said in a news release.
Read the original story on AJC.com.