An attorney representing Fort Oglethorpe filed a lawsuit against Ringgold, Monday, Jan. 24, to reverse that city’s island annexation on Battlefield Parkway.
“Attempts to have the Board of Commissioners and the City of Ringgold rescind their actions without litigation failed,” Fort Oglethorpe City Manager Jim Dinley said. “We authorized the attorneys to file suit on behalf of the city and its residents.”
On Dec. 13, following approval by Catoosa County Board of Commissioners, Ringgold City Council unanimously voted to annex a tenth-acre tract on Battlefield Parkway into the city.
Ringgold purchased the land from Goosepond Properties, Inc. for $20,661 prior to the annexation.
The tract lies about two miles from Ringgold’s city limits and approximately a mile from Fort Oglethorpe’s city limits near Dietz Road.
Peter Olson, attorney for the plaintiff, claims Ringgold illegally annexed the parcel near Hutcheson on the Parkway because it is not contiguous to (touching) Ringgold’s border.
The civil suit filed in Catoosa County Superior Court states, “The annexation, if allowed to stand, will allow the City of Ringgold to annex properties in close proximity to the City of Fort Oglethorpe, and threaten the future growth, expansion and development of Fort Oglethorpe.”
The suit also requests a temporary restraining order preventing Ringgold from annexing any property touching the tenth-acre tract or from issuing any type of permits for that land.
Ringgold leaders and county attorney Skip Patty claim state law allows annexations not touching a city’s border if both the county and city approve the measure.
In late 2004, Ringgold City Council also annexed 16 other properties between U.S. 41 and Interstate 75 on Battlefield Parkway after property owners petitioned to come into the city.
Since the Dec. 13 annexation, at least 10 others have requested their properties be moved into Ringgold, including Windwood Gardens, North Georgia Tire and Alignment and 18 additional acres owned by Goosepond.
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Ringgold officials cite reduced sewer costs as an incentive for property owners in that area to come into the city because it lies in the Peavine Sewer Basin, controlled by Ringgold.
Attempts to reach Peter Olson and Ringgold attorney Steve Farrow for comment on Monday were unsuccessful. Check this website throughout the week for updates to this breaking story.