MABLETON, Ga. — The Georgia Supreme Court ruled Tuesday to end challenges to the City of Mableton’s incorporation.
Previously, a Cobb County Superior Court judge had dismissed the case in April, but it was appealed to the state’s highest authority.
Now, the challenge has been dismissed, with Mableton officials saying the decision has “confirmed the city’s legitimacy and allows Georgia’s 12th largest city to move forward with clarity and confidence.”
Lawsuits seeking to challenge Mableton’s cityhood began in May 2023, when five Mableton residents sued with the allegation that the establishment had been unconstitutional due to what they said were violations of the state’s single-subject rule.
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According to the GSC, the decision to dismiss the case was unanimous.
“Not only is the legislature exercising similar powers in chartering a city and creating CIDs, but in this case, the legislature is exercising its powers in connection with the creation of a single municipality,” Justice Carla Wong McMillian wrote in the court opinion. “HB 839 only authorizes Mableton to create CIDs within its city limits, and the purpose of those CIDs is to allow Mableton to finance certain infrastructure and improvements in the same way that the charter provides for Mableton to exercise other power to finance its operations. Thus, there is ‘a logical or natural connection’ to providing for the creation of a CID within Mableton at the same time as establishing Mableton.”
Having ruled in favor of Mableton, the city said it affirmed that the Georiga General Assembly “has the authority to create cities and CIDs and concluded that the single-subject rule was not violated,” rather than be illegal by combining the city and its Community Improvement District.
“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,” Mayor Owens said in a statement. “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.”
Channel 2 Action News has reached out to an attorney for the residents suing Mableton for comment and are waiting for their response.
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