A judge has thrown out a lawsuit challenging the creation of Mableton, Georgia’s newest city in south Cobb County.
Several residents filed a lawsuit last year alleging the city charter and ballot question violated state law by creating two forms of government — the city and a community improvement district — which would violate a rule that says laws must pertain to only one subject.
Community improvement districts, or CIDs, are geographic areas in which businesses agree to tax themselves to fund infrastructure improvements in the area.
Mableton officials hired former Georgia Supreme Court Justice Harold Melton to defend the city. He argued that the ability to create community improvement districts falls within the city’s authority, and isn’t a separate matter.
Cobb Superior Court Judge Sonja Brown sided with the city, writing that the city’s charter “seeks to create one unit of local government” while also equipping Mableton with normal “powers, authorities, and capabilities” afforded any city, including the ability to create one or more community improvement districts.
Allen Lightcap, attorney for the plaintiffs, said he plans to appeal to the Georgia Supreme Court.
Mableton Mayor Michael Owens lauded the ruling in a news release.
“We are here to stay and look forward to a future of growth, progress, and unity as we continue to build our city and serve and represent the interests of our residents,” he said.
Lightcap said the plaintiffs are disappointed in the judge’s ruling but thanked the judge and said the plaintiffs will appeal to the Georgia Supreme Court.
The city has begun hiring key leadership roles and taking over some services. The mayor and council have until June 2025 for the city to be fully functional.
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