The Supreme Court of Georgia has affirmed a court’s dismissal of a lawsuit challenging the constitutionality of the incorporation of the city of Mableton in Cobb County.
Several Cobb County residents who live in Mableton filed a lawsuit after state House Bill 839, which provides a charter for and incorporates the city, was enacted in 2022.
Residents argued that HB 839 is unconstitutional because it violates the “Single Subject Rule” of the Georgia Constitution and the Supreme Court’s precedent under the 1908 case Rea v. City of LaFayette. They contended that HB 839 creates “more than one unit of government” by establishing more than one community improvement district within Mableton.
The trial court granted Mableton’s motion to dismiss the lawsuit for failure to state a claim upon which relief could be granted, and the residents who filed the suit appealed.
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