GWINNETT COUNTY, Ga. — Local elections for the new Gwinnett County’s City of Mulberry will move forward after the city survived its latest legal challenge.

A map shows the area in northeast Gwinnett County that’s been the center of the controversy.

Supporters are looking forward to electing the first city council in November.

A Gwinnett County judge heard arguments, both for and against, the City of Mulberry before she decided the fate of the city.

Voters approved the Gwinnett County city in May, but a lawsuit argued that it was unconstitutional.

“The vote does not reflect the will of the voters because the voters will misinformed,” said Ken Jarrard, attorney for Gwinnett County.

“There isn’t a conflict because the constitution says cities may exercise,” said Ron Stay, Georgia Office of the Attorney General.

Stephen Hughes is a retiree who lives in the new city and filed a series of lawsuits that attorneys for Gwinnett County also support.

Because the city charter forbids city property taxes, Hughes’ attorney argues it violates the Home Rule Provision of the Georgia Constitution.

“If the City of Mulberry Charter violates the constitution then it is void period,” said Allen Lightcap, attorney.

The State Legislature passed SB-333 in February which paved the way for Mulberry to be on the May ballot.

Attorneys who support Mulberry argued that the will of the voters is being ignored by the lawsuit.

“The voters decided at the end of the day, not the legislature,” said Stay.

In the end, Judge Tadia Whitner dismissed the lawsuits but appeals are expected.

The appeal would have to be heard in front of the State Supreme Court but its unclear when that may happen.