Proposal for new Gwinnett city will go before voters after effort to remove referendum fails

GWINNETT COUNTY, Ga. — A proposal to create the City of Mulberry in Gwinnett County will go before the voters after all now that an effort to remove the referendum from the ballot failed in court.

Critics of the proposal, however, argue the fight isn’t over.

Gwinnett County Judge Tadia Whitner allowed for legal challenges to continue on another day if affected voters approve the new city on May 21.

“We are looking forward, if the referendum passes, to that other day,” said Gwinnett resident Stephen Hughes, who filed a lawsuit challenging the constitutionality of the Mulberry proposal.

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The lawsuit argued the city’s charter violates the state constitution by its restriction on city property taxes. A main selling point for why the city should exist is how it can be created without the addition of any new city property taxes.

Hughes told Channel 2 Gwinnett County Bureau Chief Matt Johnson that he fears voters are being misled and may eventually have to pay new taxes in the future if the city is created.

“This provision is unconstitutional and will need to be changed in the future,” he said.

Supporters for the city applauded the judge’s ruling Wednesday.

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The idea for Mulberry was conceived after months of concerns from residents in Northeastern Gwinnett County about a desire for more local control on zoning issues, supporters argue.

They have stated that the voters should be able to have the final say on the city’s future. The constitutionality, supporters argue, was already argued at the Capitol before the legislature voted to allow the referendum to be placed on the ballot.

“It was a desperate measure, a Hail Mary from the opposition to try and derail citizens getting ready to vote and control their own destiny,” said State Sen. Clint Dixon (R-Buford).

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