Mulberry, Georgia Faces Legal Hurdles After City Formation

News Summary

The newly formed city of Mulberry, Georgia, is facing legal challenges despite recent legislative support. Three bills have been passed to establish the city’s governance, but tensions with Gwinnett County and a local resident’s lawsuits threaten its operations. Officials express frustration over service obligations and impending elections, while the community had shown strong support for its incorporation. The future of Mulberry now hangs in the balance as legal disputes unfold.

Georgia’s Newest City: Mulberry Faces Legal Hurdles as Legislature Takes Action

Exciting developments are on the horizon for the newly formed city of Mulberry! This little corner of Georgia has been buzzing with activity as the state legislature recently passed three important bills aimed at solidifying the city’s foundation. With these new measures, the local government is all set to kick off its operations, but not without facing some bumps along the way.

What the Bills Do

The trio of bills—Senate Bills 137, 138, and 139—were passed by the Georgia Legislature with a lot of enthusiasm, particularly from Republican lawmakers. Senate Bill 137 gives the green light for the municipal court of Mulberry to start functioning, paving the way for local judicial matters to be handled close to home. Meanwhile, Senate Bill 139 expands Mulberry’s borders by annexing several nearby properties, effectively growing the city and its potential. On the other hand, Senate Bill 138 makes sure that Gwinnett County would continue providing essential services within the new city limits, although this is where things start to get a bit tricky.

A Tension Between Cities

The officials in Mulberry have voiced strong frustrations, claiming that Gwinnett County has dropped the ball when it comes to fulfilling its service obligations since the city officially came into existence on January 1. Despite the passage of these bills, Mulberry officials argue that Gwinnett hasn’t adequately responded to their requests for cooperation. In contrast, Gwinnett County officials, along with some Democrat lawmakers, believe that such issues should be hashed out through an intergovernmental agreement, which they claim could resolve the conflict amicably.

While Mulberry officials feel unheard, Gwinnett attorneys are pushing back, disputing the claims made against the county. It seems that the water is a bit murky in terms of local governance, and everyone involved has their own take on what’s fair and just.

Legal Challenges Loom

Stephen Hughes stepping into the fray. Hughes has filed two lawsuits aimed at overturning the incorporation of Mulberry. His first lawsuit throws down the gauntlet on the legality of holding city council elections slated for November, leveraging constitutional arguments about the city’s establishment. Hughes’ second lawsuit targets the individual members of the Gwinnett County Board of Registration and Elections, hoping to prevent those vital elections from happening altogether.

Then there’s the matter of tax authority. Hughes and his legal counsel contend that the city, as structured by Senate Bill 333, cannot legally collect property taxes, claiming it runs afoul of previous rulings by the Georgia Supreme Court. They argue this new law hampers Mulberry’s ability to operate effectively, especially when it comes to critical governmental functions like planning and zoning. The tension is building, and the stakes couldn’t be higher for the new city.

A Look Ahead

Despite the legal challenges and some rising tension with the county, it’s noteworthy that Mulberry’s creation received a fair amount of bipartisan support when it first hit the floor of the legislature, eventually being signed into law by Governor Brian Kemp back in February. Also, it’s worth mentioning that when the proposal was put out to voters, over 57% of more than 4,500 residents were in favor of making Mulberry a reality at the ballot box.

With the legislative support solid and the community behind it, the path forward for Mulberry could be bright—if it can navigate these challenging legal waters. Now, all eyes are on Governor Kemp, who will soon make his decision regarding the bills. Will Mulberry rise to the occasion, or will the legal battles prove too much? Only time will tell!

Deeper Dive: News & Info About This Topic

• AccessWDUN: Georgia Legislature Passes Trio of Bills
• Fox 5 Atlanta: Gwinnett County City Mulberry Lawsuits
• Gwinnett Daily Post: Gwinnett Officials No Interest in Defending Legislation
• Wikipedia: Mulberry, Georgia
• The Georgia Virtue: Georgia Senate Advances Bill to Create New Mulberry City
• Google Search: Mulberry Georgia