Below is a statement distributed by Mayor Michael Owens about Wednesday’s proceeding before the Georgia Supreme Court regarding the challenge to the legality of Mableton’s cityhood. We reached out to the attorney for the plaintiffs in the case, but have not heard back. When there is a response from the plaintiffs we will run it:

Today, representatives from the City of Mableton, including Mayor Michael Owens, Mayor Pro-tem Keisha Jeffcoat, Councilman T.J. Ferguson, Councilwoman Patricia Auch, City Manager Bill Tanks, City Attorney Emilia Walker-Ashby, and Community Development Director Juliana Njoku, attended a pivotal hearing at the Georgia Supreme Court, held at the Nathan Deal Judicial Center in Atlanta. This session marks a critical point in the continued legal battle over the legitimacy of Mableton’s cityhood.

The case, Deidre White et al. v. City of Mableton, challenges the constitutionality of the City of Mableton’s incorporation, questioning the single-subject rule as it relates to the city’s founding legislation. Previously, in April 2024, the Cobb County Superior Court ruled in favor of the City of Mableton, dismissing the plaintiffs’ claims. Following this decision, White and her co-plaintiffs sought further recourse by appealing to the Georgia Supreme Court.

In today’s hearing, Harold David Melton, former Chief Justice of the Georgia Supreme Court and the City’s legal representative from Troutman Pepper Hamilton Sanders LLP, presented oral arguments on behalf of Mableton. “We were privileged to have a highly experienced legal team, led by former Chief Justice Melton, representing us,” Mayor Owens remarked. “I am confident that the case presented today was strong and while I respect the rights of these few residents to bring this case to the Georgia Supreme Court, I firmly believe our time and money would be better spent supporting the residents and businesses of Mableton.”

Despite the continued legal costs borne by taxpayers, Mayor Owens emphasized the city’s determination to uphold the decision made by Mableton’s voters. “This case, initiated by a small group, has already had a very clear ruling in favor of our city. Yet, the will of Mableton voters continues to be challenged, forcing us to spend taxpayer dollars as we are compelled to defend our existence. While we await the Court’s opinion, expected in March 2025, we remain focused on building a prosperous, unified future for Mableton,” Owens stated.

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.