MABLETON, Ga. — The Georgia Supreme Court will hear a new appeal by some Cobb County residents who say the City of Mableton should not be a fully incorporated government.

The creation of Mableton through a city charter incorporated via 2022′s House Bill 839 also created a community improvement district.

A group of Cobb residents contested the charter and creation of the city, but a trial court dismissed the lawsuit when it challenged the creation of the city’s constitutionality under Georgia law.

Those appealing the court dismissal said the City of Mableton’s formation violated the Single Subject Rule of Georgia, which says legislation cannot pass if it refers to more than one subject.

Because the charter for Mableton included one or more community improvement districts inside the city, residents contesting its formation say it was created outside of the provisions of law.

On Nov. 6, the day after the general election, the Georgia Supreme Court will hear the Cobb residents’ appeal, where they plan to contest the dismissal and again push to dissolve the city’s creation and charter.

Allen Lightcap, an attorney representing the Cobb residents, said in April that they’d planned to appeal to Georgia’s highest court.

City representatives for Mableton will also be in the proceeding to defend their constitutionality and argue in favor of the case’s dismissal.

The Georgia Supreme Court docket summary for the case says Mableton is contesting the appeal saying should the residents succeed, they’ll create what is essentially a “bright-line rule holding that any legislation that attempts to regulate or act on more than one unit of local government is per see a violation of the Single Subject Rule.”

In Gwinnett County, Lightcap is also representing residents contesting the formation of the City of Mulberry, who are making a similar argument in court.