GWINNETT COUNTY, Ga. — A Gwinnett County judge has decided to dismiss two lawsuits against the creation of the City of Mulberry.
"The court finds that the plaintiff has no standing," Judge Tadia Whitner said when issuing her rulings at a summary hearing on Wednesday.
Gwinnett County resident Stephen Hughes believed that the passing of a law to help create the City of Mulberry was unconstitutional.
Hughes sued both the county and several members of the county's board of elections in the two lawsuits.
In February, the state legislature passed S.B. 333, which calls for a referendum on whether Mulberry should become a city. The bill states, "The city shall not have the power to assess, levy, or collect ad valorem taxes on real or personal property within the corporate limits of the city."
The inability to collect ad valorem taxes was one of Hughes' concerns, leading to the lawsuit's filing earlier this year.
"I don't want the people that are voting thinking that they're going to get one thing — a city that cannot levy a property tax — and in reality, they're getting something else," he previously said. "I didn't ask to be included in the city.
It also challenged the city's charter, calling it illegal. Earlier this year, residents voted to approve the referendum to create the city during the May primary election.
The judge's dismissal comes a little over a week after the city held its first public meeting.
During the public meeting, the interim committee, put in place by Gov. Brian Kemp, voted and appointed vital positions, including a chairman, a secretary and an attorney.
What's next
Shortly after the public meeting, the newly-appointed chairman stated that officials will start drafting the intergovernmental agreements for services that Gwinnett County will provide, including police and fire, and begin requesting bids for other services the city will need.
The new city of Mulberry will not control all services; it will only have authority over planning and zoning, code enforcement and stormwater management.
11Alive has reached out to the lawyer representing Hughes for comment but has not heard back yet.