Mableton city officials battle to preserve incorporation amid constitutional lawsuit

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City of Mableton (FOX 5 Atlanta)

MABLETON, Ga. - City officials in Mableton are fighting to keep it incorporated after a lawsuit was filed claiming that the state legislation violated the state’s constitution in its creation.

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

"The plaintiffs are seeking declaratory judgment to find the bill creating the city of Mableton, HB 839, is unconstitutional for violating Georgia’s single subject rule," Allen Lightcap, attorney for the residents, told FOX 5 back in May 2023 after the lawsuit was initially filed.

When the state sought to incorporate the city of Mableton, it also asked if a Community Improvement District should also be created. An earlier ruling by the Cobb County Superior Court in April 2024 dismissed the plaintiffs' claims, affirming the city’s right to exist. Following this decision, the plaintiffs appealed, bringing the case to the state’s highest court.

On Wednesday, city representatives appeared before the Georgia Supreme Court to make their case. Representing Mableton, former Chief Justice Harold David Melton of Troutman Pepper Hamilton Sanders LLP presented oral arguments on behalf of the city. Mayor Owens expressed confidence in the city's legal team, stating, "We were privileged to have a highly experienced legal team, led by former Chief Justice 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 firmly believe our time and money would be better spent supporting the residents and businesses of Mableton."

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

Accompanying Mayor Owens at the hearing were Mayor Pro-tem Keisha Jeffcoat, Councilman T.J. Ferguson, Councilwoman Patricia Auch, City Manager Bill Tanks, City Attorney Emilia Walker-Ashby, and Community Development Director Juliana Njoku.