TUCKER, Ga. (November 24, 2020) – The City of Tucker Tuesday filed an injunction in DeKalb County Superior Court against the City of Clarkston, Housing Authority of DeKalb County, DeKalb County, and Peachtree Creek on Ponce Apartments LLC over an annexation and rezoning issue along E. Ponce de Leon Avenue. According to legal filings, on November 8, 2018, the City of Clarkston annexed 4692 E. Ponce de Leon Avenue. State law allows a city to annex unincorporated properties only. The City of Tucker argues that 4692 E. Ponce de Leon Avenue is partially within the city boundaries of Tucker. Therefore, the annexation is invalid and void. In addition, Clarkston attempted to rezone a portion of Tucker. 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. For these reasons, the City of Tucker is asking for any development to be stopped immediately.
