Dismissal of case to remove Donalsonville City Councilman Mitchell Blanks appealed
On Wednesday, August 28, petitioners – seeking an order from the Court for the removal of Mitchell Blanks from his seat on the City Council of the City of Donalsonville – filed an appeal to the Georgia Court of Appeals for the dismissal judgment of the case announced the day before. The court also ordered petitioners to pay all of Blanks’ attorney and litigation fees.
Back on October 30, 2023 petitioners filed their Petition seeking the removal of Councilman Mitchell B. Blanks from the City of Donalsonville City Council, based on allegations of malfeasance and misfeasance in office, stemming from various conflicts of interest that Councilman Blanks has by virtue of his status as an elected member of the City Council. Blanks filed a Motion to Dismiss on March 15, 2024 claiming that petitioners claims were invalid under the provisions of the Recall Act of 1989.
The Seminole County Superior Court, with the Honorable Howard E. McClain presiding, granted Blanks’ Motion to Dismiss, holding that there are only two valid means of removing an elected official from office – by the executive power vested in the Governor of the State of Georgia; and by a recall, following the exclusive provisions of the Recall Act of 1989; and that the provisions for removing an officer, found in the City Charter for the City of Donalsonville, Georgia, were invalid by virtue of the Recall Act of 1989. Further, the Court held that the terms “removal” and “recall” were synonymous with one other.
The Georgia Court of Appeals, rather than the Georgia Supreme Court, has jurisdiction of this case on appeal for the reason that this case does not fall into that class of cases in which the Constitution of the State of Georgia confers general and exclusive jurisdiction on the Supreme Court of Georgia; and the type of action appealed herein is not such a case in which jurisdiction is reserved to the Supreme Court of Georgia.
The Clerk of the Superior Court of Seminole County is hereby requested to transmit the file, including any and all pleadings; any and all Exhibits tendered as evidence; as well as the transcript of the hearing on the Motion to Dismiss, as part of the record on appeal, to the Court of Appeals for the State of Georgia.
Petitioners include John Ricky King, Amy Leigh Williams, Lynda Mccorkle Spooner, Robert Michael Spooner, Sr., William B. Dismuke, Judy M. Dismuke, James Perry Barrineau, Tabatha Dawn Barrineau, Deborah S. Hiemstra, Nancy Sheffield Glisson, Curtis Lambert, Trudy Lambert and Barbara M. Ritcher.
