A Gwinnett County judge ruled Thursday that a referendum Tuesday on creation of a new city in Gwinnett near the Hall County line can proceed.
Voters will decide whether to incorporate the city of Mulberry, which would become Gwinnett’s second-most populated at 41,000 people.
The proposed city’s charter states the city can’t levy taxes without voter approval, but one Gwinnett resident, Stephen Hughes in a suit filed April 26, claimed that would be against the Constitution.
Georgia Attorney General Chris Carr filed a last-minute motion Wednesday saying the referendum should proceed.