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DeKalb commissioners object to Chamblee annexation and approve $1.215 million settlement purchase of 540 Kirk Road; board votes to enter executive session

May 06, 2025 | DeKalb County, Georgia


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DeKalb commissioners object to Chamblee annexation and approve $1.215 million settlement purchase of 540 Kirk Road; board votes to enter executive session
The DeKalb County Board of Commissioners voted on multiple formal actions at its Committee of the Whole meeting on May 6, including an objection to a proposed City of Chamblee annexation, approval of a conditional settlement that includes the countys purchase of 540 Kirk Road to resolve pending litigation, and a motion to enter executive session to discuss litigation.

Objection to proposed City of Chamblee annexation: Commissioner Robert Patrick moved that the board approve a resolution objecting to the proposed annexation of approximately 4.98 acres into the City of Chamblee; a second was recorded and county attorneys confirmed the objection meets statutory requirements. The administration said the written objection would be filed the next day to meet the Friday deadline. The motion carried.

Settlement and purchase to resolve litigation concerning 540 Kirk Road: Commissioner Ted Terry moved that the board approve payment totaling $1,215,000, plus customary closing costs, in connection with DeKalb Countys purchase of the property at 540 Kirk Road, Decatur (Parcel ID 1521513024), to settle the lawsuit filed by Heidi Benjamin (civil action 23-CV-4838 in Superior Court of DeKalb County). The settlement as described on the record conditions the payment on the following: dismissal of the lawsuit by the plaintiff; execution of a settlement agreement and waiver and release satisfactory to the interim county attorney; and the plaintiffs conveyance of good, marketable fee simple title by limited warranty deed free of monetary liens and encumbrances other than existing county sewer infrastructure. The board authorized the interim county attorney or his designee to sign the settlement agreement and closing statement once those conditions are met. The motion passed.

Executive session: County counsel requested an executive session expressly to discuss litigation; the board voted to move into executive session. After a lengthy executive session the board reconvened and recorded that it had completed the closed session.

Votes at a glance (formal actions recorded in the transcript):
- Object to proposed annexation into City of Chamblee (approx. 4.98 acres): motion moved by Commissioner Robert Patrick; second recorded; outcome: approved (board voted in favor). Referenced filing deadline: objection to be filed by Friday following meeting.
- Approve settlement and purchase of 540 Kirk Road to resolve Heidi Benjamin litigation: motion moved by Commissioner Ted Terry; second recorded (unnamed); outcome: approved (board voted in favor). Total settlement/purchase amount: $1,215,000 (of which $1,170,000 is for the countys purchase and $45,000 is allocated to the plaintiff and counsel for fees/expenses); customary closing costs also authorized; no real estate commission to be paid.
- Motion to enter executive session (litigation; possibly also real estate and employment): moved and seconded; outcome: approved.

Why this matters: the annexation objection is a formal, time-sensitive intergovernmental step the county can take to preserve local control or raise legal concerns; the settlement and property purchase will resolve active litigation and transfer land into county ownership under specified conditions.

Ending: County attorneys confirmed the objection will be filed promptly and the interim county attorney is authorized to close the settlement transaction if the conditions listed by the board are satisfied.

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Scribe from Workplace AI
Scribe from Workplace AI