Opinion
26118.
ARGUED OCTOBER 13, 1970.
DECIDED DECEMBER 3, 1970.
Injunction. Jackson Superior Court. Before Judge Dunahoo.
Scott Alexander, Alan M. Alexander, Jr., for appellants.
Joseph J. Gaines, Davis Davidson, Jack S. Davidson, Arthur K. Bolton, Attorney General, for appellee.
This is the second appearance of this case in this court. On the first appearance a judgment dismissing the complaint because the Attorney General had not been served was reversed so that evidence as to such issue could be introduced in the trial court. See Pharris v. Mayor c. of Jefferson, 226 Ga. 489 ( 175 S.E.2d 845). Thereafter the case was tried and a judgment adverse to the plaintiffs was rendered on the merits of the case and they again appealed. Held:
Pretermitting many questions raised in the appeal under the decision of this court in the case of Plantation Pipe Line Co. v. City of Bremen, 227 Ga. 1, since an independent school system exists in the City of Jefferson ( City of Jefferson v. Holder, 195 Ga. 346, 349 ( 24 S.E.2d 187)), the proposed annexation across political subdivision lines into the Jackson County School District under the Act of 1966 (Ga. L. 1966, p. 409; Code Ann. § 69-904) was void and the judgment of the trial court denying the plaintiffs' prayers to declare the annexation ordinance void must be reversed.
Judgment reversed. All the Justices concur. Nichols and Hawes, JJ., concur specially.