The City of Mableton Faces Lawsuit Challenging Its Constitutionality
The newly formed City of Mableton is already facing legal troubles just days after its first city council meeting.
The city has been hit with a lawsuit filed in Cobb County Superior Court, claiming that the legislation leading to the creation of the city was unconstitutional.
The suit, filed by five residents and supported by a legal expert, alleges that House Bill 839, which put the question of Mableton cityhood before voters, violated the single subject rule of Georgia’s constitution.
According to the attorney representing the plaintiffs, Alan Lightcap, the lawsuit seeks declaratory judgment to declare the bill creating the City of Mableton as unconstitutional.
He argues that when the bill was presented as a ballot to the voters, it contained two separate subjects.
The first subject was whether or not the City of Mableton should be created, while the second subject concerned the establishment of a compute community improvement district.
Legal expert Chris Annul Wits, who specializes in state constitutional law, explains that the single subject rule is a significant requirement in Georgia.
Although some may view it as a technicality, it holds strong legal grounds.
Annul Wits believes that the lawsuit appears fairly strong, considering the bill’s passage through the House, the Senate, and ultimately being signed by Governor Brian Kemp.
The lawsuit poses a challenge for the City of Mableton, as it is still in its early stages and has not yet received any tax revenue.
Mableton Mayor Michael Owen expresses concern about the financial burden it places on the city, stating that they don’t currently have the funds to defend themselves.
However, Mayor Owen is determined to fight the lawsuit and states that he would prefer to spend the city’s money on delivering essential services rather than on legal battles.
The lawsuit has put the City of Mableton in a difficult position, but Mayor Owen remains committed to moving forward and building the city.
Despite the legal obstacles, he aims to stay focused on the city’s development plans and ensure the delivery of services to its residents.
As the lawsuit unfolds, it remains to be seen how the City of Mableton will navigate this legal challenge and continue its journey as a newly established municipality.