Wednesday, August 25, 2010
© Copyright 2014
Gwinnett Daily Post
SNELLVILLE -- The residents who successfully sued Snellville to stop Sunday liquor sales late last year say an appeal of the issue is moot, since a referendum on the issue passed last month.
Attorneys for the residents filed paperwork Friday to urge the Georgia Supreme Court to turn down the city's appeal.
"At this time, we would respectfully request that you dismiss this frivolous appeal and save the taxpayers of the city of Snellville tens of thousands of dollars in unnecessary legal fees," a letter to the city from attorney Alan Mullinax said. "If it is still the city's position that a voter referendum is not necessary prior to authorizing and regulating Sunday sales, then the July 2010 referendum was certainly a pointless exercise and a waste of taxpayer money."
Mayor Jerry Oberholtzer said he believes a judge should not have stripped a section of Georgia law that allowed cities to allow Sunday sales in counties of a certain size that have already held a referendum.
"We can't just stand by and let his ruling go by because it impacts not just the citizens of Snellville but every municipality in the state," he said, adding that there are still issues left uncertain because of the judge's ruling.
He said the city attorney is not billing the city for work on the appeal, but the city does stand to lose money because the residents who sued the city last year are seeking attorney's fees.