A judge has put the brakes on Holly Springs’ controversial annexation plan, handing Cherokee County a significant early victory in its legal battle against a proposed high-density development.
What’s happening
Cherokee County won an interlocutory injunction on September 8, temporarily blocking Holly Springs from exercising authority over 20 acres at Lower Union Hill Road and East Cherokee Drive in the Hickory Flat community.
The ruling comes after Holly Springs City Council unanimously approved plans on August 18 for a mixed-use development that would include:
- 70 townhomes
- 19 single-family detached homes
- 57,800 square feet of commercial space
Just one day after the council’s decision, Cherokee County commissioners voted unanimously to take legal action, hiring the firm of Jarrard & Davis to file suit against Holly Springs, the property owner, and the developer.
Why it matters
The court found “substantial likelihood of success” for the county’s claim that Holly Springs failed to follow proper annexation procedures under state law. According to the court order, “the public interest is served in protecting the status quo while the legal challenge to the City’s annexation of the Subject Property is resolved.”
This decision effectively freezes any development plans until the full case can be heard. The judge specifically ordered Holly Springs to refrain from “exercising municipal authority over the Subject Property” and instructed all parties to act as if the land remains under Cherokee County’s jurisdiction.
What’s next
The injunction maintains the current situation while the lawsuit proceeds through the courts. Cherokee County filed its suit on August 22, and the first hearing took place on September 2 with visiting Judge Richard Winegarden presiding in Cherokee County Superior Court.
The case centers on two key claims: that Holly Springs failed to properly follow state annexation law and that the city didn’t adhere to its own zoning ordinance when rezoning the property.
For now, the 20-acre parcel remains effectively under Cherokee County control as the legal process unfolds.
B.T. Clark
B.T. Clark is an award-winning journalist and the Publisher of The Georgia Sun. He has 25 years of experience in journalism and served as Managing Editor of Neighbor Newspapers in metro Atlanta for 15 years and Digital Director at Times-Journal Inc. for 8 years. His work has appeared in several newspapers throughout the state including Neighbor Newspapers, The Cherokee Tribune and The Marietta Daily Journal. He is a Georgia native and a fifth-generation Georgian.
