Resident files lawsuit to stop new city of Mulberry elections
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A Gwinnett County resident has filed two new lawsuits challenging the constitutionality of the new city of Mulberry.
The big picture: Both petitions come nearly a month after 57% of voters approved a referendum incorporating the new city, which will be the second-largest in Gwinnett with about 41,000 residents.
Driving the news: Stephen Hughes' lawsuits ask a judge to remove the Mulberry City Council election from the Nov. 5 ballot and to stop the county from transitioning services to the new city.
What they're saying: Allen Lightcap, who represents Hughes, said his client filed the lawsuits because Senate Bill 333, Mulberry's charter, does not allow for property tax collections and limits what services it will offer — a violation of the Georgia Constitution's home rule provision.
- "What's worse, the very features of the city of Mulberry that were touted to the voters are the same features that are unconstitutional," Lightcap said in a statement.
The other side: Michael Coker, president of the Citizens for Mulberry Inc., said in a June 11 newsletter that the lawsuits are part of an effort to "subvert the will of voters."
- "The people of Mulberry have won against developers in court and at the ballot box, and we are confident that we can win against them again," he said.
Catch up quick: Hughes, who lives in Mulberry's city limits, filed a previous lawsuit addressing the same issues before the May 21 referendum, but agreed to drop the petition without prejudice late last month, Lightcap said.
What's next: A hearing has not been set for Hughes' petitions. Gov. Brian Kemp will appoint a transition team to help with the city's creation.