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The town of Mableton (FOX 5 Atlanta)

MABLETON, Ga. – Mableton city officials are fighting to keep it incorporated after a lawsuit was filed alleging that the state law violated the state constitution in its creation.

In the case of Deidre White et al. v. City of Mableton, the plaintiffs claim the suit, filed on behalf of five residents, violated the state’s single-subject rule when a constitutional ballot is presented.

“Plaintiffs are seeking a declaratory judgment finding that the bill creating the city of Mableton, HB 839, is unconstitutional for violating Georgia’s single subject rule,” Allen Lightcap, an attorney for the residents, told FOX 5 in May 2023 after the process was initial. submitted

When the state tried to incorporate the town of Mableton, it also asked if a community improvement district should also be created. An earlier Cobb County Superior Court ruling in April 2024 rejected the plaintiffs’ claims, affirming the city’s right to exist. Following that decision, the plaintiffs appealed, taking the case to the state’s highest court.

On Wednesday, city representatives appeared before the Georgia Supreme Court to present their case. Representing Mableton, former Chief Justice Harold David Melton of Troutman Pepper Hamilton Sanders LLP presented oral arguments on behalf of the town. Mayor Owens expressed his confidence in the city’s legal team, stating, “We have been privileged to have a highly experienced legal team, led by former Judge Melton, representing us. I am confident that the case presented today was strong, and while I respect the rights of these few residents to bring this case to the Georgia Supreme Court, I strongly believe that our time and money would be better spent supporting the residents and businesses of Mableton.”

Owens also addressed the impact of ongoing legal costs on the city budget and taxpayers, emphasizing Mableton’s commitment to honoring the decision made by its constituents. “This case, initiated by a small group, has already had a very clear ruling in favor of our city. However, the will of the voters of Mableton continues to be challenged, forcing us to spend taxpayer dollars as we are forced to defend our existence. While we await the Court’s opinion, expected in March 2025, we remain focused on building a prosperous and unified future for Mableton,” said Owens.

Mayor Owens was joined at the hearing by Mayor Pro-tem Keisha Jeffcoat, Councilwoman TJ Ferguson, Councilwoman Patricia Auch, City Manager Bill Tanks, City Attorney Emilia Walker-Ashby and Community Development Director Juliana Njoku.