Judges hears Mableton’s request to throw out lawsuit challenging cityhood

During the first hearing on a lawsuit filed last year challenging the creation of the city of Mableton, attorneys representing both the city and the plaintiffs presented their arguments before Superior Court Judge Sonja Brown. The plaintiffs seek to overturn the city’s establishment, claiming that the ballot question presented to voters in November 2022 was confusing and violated the state constitution’s single-subject rule, while Mableton’s attorney seeks to have the legal challenge thrown out.

Harold Melton, a former Georgia Supreme Court chief justice representing Mableton, had filed a motion to dismiss the lawsuit, asserting that even if a community improvement district (CID) were created alongside the city, it would not violate the single-subject rule as it aligns with the overall objective of forming the city. Melton argued that the legislation only authorized the city to create a CID if it chooses to do so but did not actually establish one.

Mableton, which has already elected a mayor and council since its creation, has collected revenue, hired staff, and taken over some services from the county. Judge Brown indicated that a ruling on the motion to dismiss would be made toward the end of the month at the earliest and requested both sides to prepare orders for her review.

Melton asserted that the bill merely authorized the city to create a CID without actually establishing one as Mableton Mayor Michael Owens and council members including T.J. Ferguson, Mayor Pro Tem Keisha Jeffcoat, Dami Oladapo, Ron Davis, and Patricia Auch listened intently.

Melton succinctly argued that even if a CID were created, it would not violate the single-subject rule as it aligns with the overall objective of forming the city of Mableton. He went on to say that the bill simply authorized the city to create a CID if it so chooses, but didn’t actually create one. Even if it did, said Melton, their actions would not violate the single-subject rule because it is related enough to the creation of the city of Mableton and is the same subject. “Everything in House Bill 839 is germane to the concept of a single objective, which is the creation of the city of Mableton.” He pointed out that when the Legislature wrote the law creating the city, they created a “toolbox that’s available to the city of Mableton to accomplish and provide for core critical services. That toolbox includes CIDs, and it’s not foreign to the concept of creating a city,” said Melton.

The Attorney for the Plaintiffs, Allen Lightcap, argued that if a CID was indeed created alongside the city, it would breach Georgia’s single-subject rule by combining two governmental entities within one law and ballot question.

Mableton, which elected a mayor and council since its creation, has collected revenue, hired staff, and assumed some services from the county. 

Notwithstanding the court hearing, Mayor Michael Owens expressed confidence in the city’s defense but lamented the use of taxpayer dollars for legal defense. Said Owens, It’s unfortunate, though, that we’re having to spend taxpayer dollars. We’re having to spend money that could be going towards delivering services, communicating with our constituents, and instead, we are spending that money for counsel to defend something that we as citizens had nothing to do with,” Owens said. “Suing the city has always been very questionable in my book.”

Owens’ reference was to Cityhood for Mableton being approved by the legislature and signed into law by Governor Brian Kemp in 2022. It was later voted upon by the citizens, with a majority voting yes.

Many in attendance at the hearing were there to show their support for the city including State Rep. Terry Cummings and Cobb SCLC Dr. Benjamin Williams. Some members of the community we spoke to after the hearing believe that the legal challenge by some de-annexers reflect their ongoing opposition to cityhood in south Cobb. They pointed to attempts to dismantle what voters overwhelmingly approved when they voted in 2022 to become a city. De-annexers filed the lawsuit in May 2023 and in a moment of irony, two council members from that group who opposed the city’s creation ran for office and now sits on Mableton’s council.

Judge Brown indicated that a ruling on the motion to dismiss would be made toward the end of the month at the earliest and requested both sides to prepare opposing orders for her review.