City of Mableton Wins Lawsuit Challenging its Formation

Mableton emerged victorious today in the lawsuit contesting the constitutionality of the bill establishing Cobb County’s newest city. Cobb Superior Court Judge Sonya Brown issued the ruling which said the Court determined that voters in November 2022 complies legitimacy of Mableton’s incorporation.

When the lawsuit was initiated, Mayor Michael Owens and the City Council took swift action by enlisting Harold Melton, former Chief Justice of the Georgia Supreme Court, as outside counsel.

“Mableton has won decisions at the General Assembly, at the Governor’s office, at the ballot box, and now in the courts,” Owens said. “We are here to stay and look forward to a future of growth, progress, and unity as we continue to build our city and serve and represent the interests of our residents.”

Leveraging his legal acumen, Melton adeptly defended Mableton against the lawsuit brought forth by five local residents – Deidre White, Ronnie Blue, Judy King, Tanya Leake, and Robert Swarthout  – who sought de-annexation. They questioned the city’s constitution’s single-subject rule regarding ballot questions. Their legal challenge posed a significant threat to the city’s very foundation, yet Mableton prevailed. Melton’s profound grasp of constitutional matters proved pivotal in safeguarding the rights and interests of the city’s residents.

Mayor Owens also expressed his gratitude to Melton stating, We are deeply thankful for Mr. Melton’s exceptional legal expertise and tireless dedication to defending our city’s interests. His leadership has been instrumental in securing this important victory for Mableton.”  

The bill that birthed Mableton successfully navigated through the Georgia General Assembly, securing passage in both the House and Senate, before being signed into law by Governor Brian Kemp in 2022. Elections for Mableton’s new government were held in 2023, with Owens being selected as Mayor, along with five City Council members, who have been hard at work putting the city’s infrastructure together. They recently hired William Tanks as City Manager and have an interim City Attorney and City Clerk, who have been supporting the work of the new government since June.

In addition to todays ruling, Owens had another celebratory moment. It was one year ago that he won his race to become Mableton Mayor. Ownes won the position on April 18th after receiving 56% of the votes during a runoff.

Allen Lightcap, who represented the plaintiffs, said his clients plan to appeal the ruling to the Supreme Court of Georgia. They have 30 days to do so.

Mableton is the largest among the seven cities composing Cobb County, with 79,000 residents. It is the 12th most populated city in the state of Georgia. Based on Judge Brown’s ruling, the City of Mabelton will retain these noteworthy titles.