Breaking: Lawsuit challenging the legality of City of Mableton dismissed

a screenshot of the six districts in Mableon, with 1,2,3 to the south, 4, 5, 6 to the north

The Supreme Court of Georgia issued its ruling today in White, et al v. City of Mableton, and dismissed the appeal, leaving the city intact.

We will publish more on this as we read through the ruling, but to download or read the ruling yourself, please follow this link to the Supreme Court of Georgia website.

Mableton Mayor Michael Owens distributed the following news release about the ruling


The Georgia Supreme Court has unanimously dismissed a challenge to the constitutionality of the City of Mableton’s incorporation, bringing an end to a lengthy legal dispute. This decision confirms the city’s legitimacy and allows Georgia’s 12th largest city to move forward with clarity and confidence.

The lawsuit, filed by five Mableton residents in May 2023, challenged the city’s creation, alleging that the enabling legislation violated Georgia’s single-subject rule by combining the establishment of the city with the creation of a Community Improvement District (CID). After the Cobb County Superior Court dismissed the case in April 2024, the plaintiffs appealed to the state’s highest court.

In its ruling, the Georgia Supreme Court affirmed that the Legislature has the authority to create cities and CIDs and concluded that the single-subject rule was not violated. The Court determined that the CID established in HB 839 is directly tied to the city and will operate within its jurisdiction, upholding the validity of the legislation.

Mayor Michael Owens celebrated the court’s decision and highlighted the importance of moving forward as a unified community. “This decision closes the door on this chapter and allows us to turn the page. The citizens who had concerns about the city’s creation have now had their voices heard in the highest court of our state,” said Mayor Owens. “More importantly, the nearly 80,000 residents of Mableton can now focus on the future. We remain steadfast in our commitment to serve the people of our beautiful city.”

Mayor Owens also extended his gratitude to the City’s legal representation. “I’d like to thank Justice Harold Melton of Troutman Pepper Locke for his outstanding representation of the City of Mableton throughout this process. His expertise and commitment were instrumental in achieving this outcome.”

The Mayor is inviting all residents, including those who opposed incorporation, to join in embracing Mableton’s progress and working together to build a stronger community. “I hope we can all come together to focus on creating a vibrant, thriving city where everyone feels represented and supported,” he added.

With this legal chapter behind it, Mableton is poised to continue its mission of fostering smart growth, innovation, and enhancing the quality of life for all its residents.


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