CANTON — A hearing scheduled for last Tuesday morning in a Cherokee County lawsuit involving a recent Woodstock annexation was canceled Monday because Judge Ellen McElyea, who was to preside over the hearing, recused herself in the case.
McElyea did not offer an explanation to attorneys, and her office did not answer requests for comment.
The suit, in which Cherokee County has filed complaints against Woodstock, Inline Communities and the owners of properties in the disputed annexation, has been reassigned to Judge David Cannon. A new hearing date on whether the county’s case will move forward is yet to be determined.
In May, the city council approved an annexation of 146 acres along Arnold Mill Road, which includes a large tract planned for a 242-home conservation subdivision and two other tracts that connect to the rest of city limits. Any action based on the annexation, including developing the property, is on hold pending the outcome of the lawsuit.
The largest parcel consists of 132.38 acres owned by Alan Goldberg and Havgol, LLC, where Inline plans to build the 242 homes. The parcel owned by the charity, 10.11 acres, includes a part that is to be donated to the city for a trail connection. The last parcel is the Porter property, 5.48 acres. Inline agreed to donate least 2.5 acres of the Goldberg property to the city for a fire station site. Portions of the properties are in the floodplain and along Little River.
The suit, filed against the city, the Woodstock mayor and council, Inline, David Porter, Greater North Georgia Charities, Alan Goldberg and Havgol, LLC, alleges that the annexation violates state law.