A Fulton County judge has dismissed a case brought by Gwinnett County seeking to strike down the recent creation of the City of Mulberry.
Fulton County Superior Court Judge Rachelle L. Carnesale ruled Tuesday afternoon that the county did not qualify for declaratory relief in the case, which was filed in October 2024. Gwinnett had initially filed before Mulberry's first city council elections were conducted by the county, with the suit seeking to stop the elections from taking place. The case was not heard, however, until after the November elections.
Judge Carnesale said in her ruling that the elections already taking place meant Gwinnett no longer had an argument that it stood to suffer financial or operational damages from conducting the elections.
"Any uncertainty regarding the November 2024 election is moot. That election and related runoffs have already occurred. Therefore, the County is no longer in a position of uncertainty about holding and paying for the elections," Tuesday's ruling said.
Carnesale also said the county's concerns about potential service delivery to Mulberry is not valid, because the services in question would have been provided regardless of the city's existence.
"The County will be providing these services regardless of the validity of (Senate Bill) 333," the ruling said. "Any requirement for the County to continue to provide services during the transition period does not place the County in an uncertain position about its future conduct."
Gwinnett County officials have not issued a statement regarding the judge's ruling as of noon Wednesday. Mulberry city officials issued a statement Wednesday morning.
"The Mulberry City Council is thankful that we can now put these lawsuits behind us and begin working with Gwinnett County," the statement said. "We look forward to further discussing the transition of services with the county and doing what is necessary to build a strong relationship between Mulberry and Gwinnett."
The lawsuit by Gwinnett was one of several that have been brought forward looking to strike down Senate Bill 333 since it was passed by the state legislature and signed by Georgia Governor Brian Kemp in early 2024. The lawsuits have argued that the city's charter violates the Georgia constitution by not allowing Mulberry to levy property taxes.
The State of Georgia entered as a party into the Gwinnett County lawsuit recently. It was the state who ultimately petitioned for dismissal in the case, which was granted by Judge Carnesale.
Mulberry occupies the northeastern portion of Gwinnett County and took legal effect on January 1, with several city council meetings already being held and several city ordinances already being passed.
