A Gwinnett County Superior Court Judge ruled against a man trying to stop the first city council elections for the newly-created city of Mulberry Monday afternoon.
Judge Tadia Whitner ruled that Stephen Hughes did not have standing to challenge the constitutionality of Senate Bill 333, which crafted the city's charter. Hughes challenged that the charter was unconstitutional since it does not allow for the city to levy property taxes, among other claims.
Those claims included:
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The city charter says Mulberry must provide code enforcement, planning and zoning, and stormwater services. These are part of the 14 supplementary powers that the state of Georgia constitution states that cities can choose whether to provide or not.
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And that any change to the charter must be voted on in a referendum. This violates Georgia code according to the defense as municipalities can also change the city’s charter by having two public hearings 60 days apart.
But the case was dismissed not on those merits or facts of the actual charter, but because of Hughes’ standing as a plaintiff.
"(Hughes) therefore lacks standing for a declaratory judgment and is not entitled to injunctive relief," Whitner said.
Part of the plaintiff’s argument for Hughes’ standing was that he as a citizen faced uncertainty regarding the new city’s charter including how he would get taxed and where his land would get zoned among other things.
“These are fears Mr. Hughes has of what might happen, but those fears could happen now under Gwinnett County,” Bryan Tyson, the attorney representing Mulberry, said in response.
Hughes' attorney Allen Lightcap said they intend to appeal Whitner's decision.
Tyson said that it’s unlikely an appeal could get decided before the elections happen in November.
“The people of Mulberry have the power to adopt these different amendments by their own power,” Tyson said. “The people getting the power to choose I think is what makes America a very special place.”
Lightcap said he will continue to defend Georgia’s constitution.
“It’s plain to see. The charter says one thing and the OCGA and other laws say another thing,” Lightcap said.
Mulberry's charter calls for five city council members that will be elected by district. Those first council elections are scheduled to take place during the general election on November 5. Hughes and his counsel will have 30 days to file an appeal.
