Gwinnett County joins citizen’s lawsuit to stop its newest city from moving forward

Gwinnett County is now taking steps to block its newest city from holding its first-ever election this year.

Channel 2 Gwinnett County Bureau Chief Matt Johnson learned the county has joined a lawsuit against the City of Mulberry.

Mulberry supporters say Peachtree Corners has been a model for them on how to create a city. Gwinnett County says the city that voters approved has some major problems out of the gate.

The county argues “The City of Mulberry should not be allowed to come into being,” according to the lawsuit.

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“It was very encouraging to me,” said Stephen Hughes, a citizen who filed the original lawsuit.

Voters in northeastern Gwinnett area approved the city in May. Hughes filed his lawsuit in June.

Hughes and now Gwinnett County argue that Mulberry’s charter violates the Georgia state constitution by banning any new city taxes.

“What the people voted for on May the 21st will not be the thing that they will have,” Hughes said.

But Mulberry supporters and State Rep. Chuck Efstration says the charter is legal and the lawsuit should be dismissed.

“The county government joining the suit is using taxpayer dollars to try to fight the will of the voters,” he told Johnson.

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Gwinnett County would have to pay for a two-year transition and for city elections. In the lawsuit, representatives for Gwinnett County wrote:

“The County will be required to expend significant money and resources complying with SB 333 to create the City of Mulberry.”

“Those expenses are reimbursed to the county within two years. And so that’s already in state statute,” Efstration said.

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Another legal challenge has Mulberry’s future once again in question.

“We’re asking them to set aside that vote and to stop the transition,” Hughes said.

A Gwinnett County spokesperson couldn’t comment on pending litigation. The lawsuit argues all of Mulberry needs to be struck down by a judge, not just some aspects, so voters are not left with a bait and switch.