The Supreme Court of Georgia has tentatively scheduled oral arguments on the challenge to the existence of the City of Mableton for November 6. Below are statements from the opposing parties in the suit.
The Plaintiffs
Allen Lightcap, attorney for plaintiffs Deidre White, Ronnie Blue, Judy King, Tanya Leake, and Robert Swarthout sent the following comment to the Courier, “The appellants are looking forward to having their day in court, examining the Supreme Court of Georgia precedents that they have cited in their briefs and to be heard on this important matter of first impression.”
He also included the following two documents, which you can download by following the links:
The appellants request for oral arguments.
The City of Mableton
Mableton Mayor Michael Owens distributed the following news release:
The City of Mableton is preparing for the next phase in its legal battle as a group of residents continues their efforts to challenge the city’s incorporation. Following the April 2024 dismissal of a lawsuit by the Cobb County Superior Court, residents Deidre White, Ronnie Blue, Judy King, Tanya Leake, and Robert Swarthout have now filed an appeal with the Georgia Supreme Court.
The lawsuit, originally dismissed by Superior Court Judge Sonja Brown, sought to invalidate Mableton’s incorporation on the grounds of alleged constitutional violations. After ruling that the legislation establishing Mableton as a city complied with Georgia law, the court reaffirmed the legitimacy of the November 2022 vote that created the City of Mableton.
Despite this victory, the group’s appeal has now been docketed with the Georgia Supreme Court with oral arguments tentatively scheduled for November 6, 2024.
Mayor Michael Owens addressed the situation, stating, “It is unfortunate that this group continues to pursue a costly legal battle that ultimately aims to dismantle what the voters of Mableton have already approved. Nonetheless, we are confident in the strength of our legal standing and will vigorously defend the city’s incorporation at the Georgia Supreme Court.”
In response to the ongoing legal challenge, the City Council approved the allocation of $100,000 in city funds as part of the FY24 City Spending Plan to cover legal fees associated with the case. The city will continue to be represented by Harold David Melton, former Chief Justice of the Georgia Supreme Court, and his team at TROUTMAN PEPPER HAMILTON SANDERS LLP.
“Our focus remains on moving Mableton forward, and we refuse to be distracted or derailed by these persistent legal challenges,” Mayor Owens continued. “We have the legal expertise we need to defend Mableton, and we are fully prepared to meet this appeal head-on at the Georgia Supreme Court.”
The City of Mableton remains committed to its residents and is moving ahead with its commitment to the transition of services from Cobb County while addressing this latest legal hurdle.
Background
Cobb County Superior Court Judge Sonja Brown dismissed the case filed by a group of plaintiffs challenging the legality of the referendum that created the City of Mableton.
The plaintiffs are Deidre White, Ronnie Blue, Judy King, Tanya Leake and Robert Swarthout.
The plaintiffs argued that the referendum wording on the ballot authorizing the city to set up a Community Improvement District (CID), violated the state’s single-subject rule (only one subject can be addressed in a referendum).
The plaintiffs were represented by attorney Allen Lightcap.
The city’s attorney in the case, former Georgia Supreme Court Chief Justice Harold Melton, argued that the CID was germane to the city’s creation, was not a separate subject, and, therefore, didn’t violate the single-subject rule.
The two sides presented their arguments to Judge Brown in a hearing on March 6. Judge Brown ruled in favor of the City of Mableton.
Read Judge Brown’s ruling by following this link.
