A Gwinnett County judge has agreed to convene an emergency hearing to address the vote regarding the establishment of Mulberry as a fully-fledged city.
Judge Tadia Whitner has scheduled an emergency hearing in Gwinnett County Superior Court for Thursday afternoon to address an urgent motion filed by resident Stephen Hughes.
As previously reported by Channel 2 Action News, Hughes is challenging the Mulberry cityhood referendum on the grounds of its unconstitutionality. One of the key factors cited by Hughes is the intentional inability of the city to collect taxes.
An attorney representing Hughes argues that Senate Bill 333, which allowed Mulberry to become a city, deceived the voters by providing misleading information about the functioning of the city.
In a statement, Allen Lightcap, the attorney for Hughes, argued that Senate Bill 333 (2024) (SB 333) is inherently unconstitutional and that voters are being deceived about the charter for the proposed City of Mulberry. Lightcap pointed out that the very aspects of the proposed city, such as the limitations on taxation, are unquestionably unconstitutional based on both the Supreme Court of Georgia precedent and the clear wording of the Georgia Constitution. He further stated that the voters are being misled and that only the Court has the power to prevent this fraudulent act from taking place.
The referendum to fully incorporate Mulberry is scheduled for May 21, unless a judge intervenes to stop it.
