Lawsuit to cancel Mableton cityhood dismissed by Cobb County judge

MABLETON, Ga. — A legal effort to effectively cancel the city of Mableton’s incorporation as a fully-fledged city in Cobb County has failed.

As previously reported by Channel 2 Action News, the court battle over Mableton’s cityhood has been underway since May 2023. Several residents of the area contested the incorporation of Mabletoon on grounds of the move being unconstitutional.

The lawsuit was filed just days after the new city’s first transitional council meeting.

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Now, a Cobb County judge has dismissed the lawsuit with prejudice, meaning the suit is not only a legal loss for the residents contesting the city’s formation, but cannot be appealed or retried. A copy of the judge’s order was made public by the City of Mableton.

Five petitioners, Deidre White, Ronnie Blue, Judy King, Tanya Leake and Robert Swarthout had filed the suit, claiming in court that Mableton’s November 2022 incorporation was illegal due to how the legislation that created it was drafted.

Channel 2′s Cobb County Bureau Chief Michele Newell reported in May that the first meeting would be on May 11, 2023.

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A week later, the lawsuit was filed, with the petitioners claiming that because the bill to create the city was approved by referendum, it was “unconstitutional and fatally defective” due to its inclusion of both a city formation and the creation of community improvement districts with separate units of local government.

Cobb County Superior Court Judge Sonja Brown dismissed the case, saying the argument made by the lawsuit was incorrect on its premise and closing the book on the effort.

Following the decision, Mableton officials released a statement celebrating the conclusion of the legal battle.

“We are thrilled to announce that the City of Mableton has prevailed in the lawsuit challenging our cityhood. Today, Cobb County Superior Court Judge Sonya Brown issued the Final Order Granting Respondent’s Motion to Dismiss, affirming the legitimacy of Mableton’s incorporation as a city,” the city said in a statement. “We extend our gratitude to all residents for their unwavering support throughout this legal process. Together, we are poised to move forward and deliver the best services possible to our community.”

Attorney Allen Lightcap, who represented the residents in court, provided the following statement in response to the judge’s order.

“While we are disappointed in the ruling, the Plaintiffs thank the Court for its thoughtful consideration of the issues. The Plaintiffs also thank counsel for the city of Mableton for their professionalism throughout this process. The Plaintiffs plan to file a notice of appeal and take their case to the Supreme Court of Georgia.”

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