MABLETON, Ga. — Editor's Note: The above video is from previous coverage of this story. Please read below for the latest information on this case.
Officials with the City of Mableton are celebrating after surviving a legal challenge that would have abolished its cityhood if passed, according to court documents.
A Cobb County judge granted the city's motion to dismiss the case on Friday, April 19. The judge's decision was made after hearing oral arguments in March.
"We are here to stay and look forward to a future of growth, progress, and unity as we continue to build our city and serve and represent the interests of our residents," said Mableton Mayor Michael Owens in a news release on Monday, April 22.
Five residents claimed the process of creating the city violated the Georgia Constitution, which inherently made the new city unconstitutional. The residents also "questioned the city's creation based on the state constitution's single-subject rule regarding ballot questions and legislation."
The residents -- Deidre White, Ronnie Blue, Judy King, Tanya Leake and Robert Swarthout -- also claimed in the lawsuit that the Georgia General Assembly mistakenly authorized the creation of two government entities at once: not only a new City of Mableton but also the creation of Community Improvement Districts.
As a result, people were forced to vote last fall on creating both government entities simultaneously instead of being able to decide on each one separately.
On Monday, Mayor Owens continued, " Mableton has won decisions at the General Assembly, at the Governor's Office, at the ballot box, and now in the courts."
The Mayor also expressed his gratitude to former chief justice of Georgia's Supreme Court Harold David Melton and the city's attorney for their help in winning the suit.
Opponents of cityhood were previously working on plans to de-annex sections of the new city so that their neighborhoods could return to unincorporated Cobb County.
11Alive obtained a copy of the judge's order, in which the judge agreed that the law to create Mableton did not violate the single-subject rule because it does not deal with multiple governing bodies but just one—counting the Community Improvement Districts related to the city.
The lawyer representing the plaintiffs, Allen Lightcap, released the following statement, where he stated the plaintiffs intend to file an appeal:
"While we are disappointed in the ruling, the Plaintiffs thank the Court for its thoughtful consideration of the issues. The Plaintiffs also thank counsel for the city of Mableton for their professionalism throughout this process. The Plaintiffs plan to file a notice of appeal and take their case to the Supreme Court of Georgia."