Monroe County is suing Secretary of State Brian Kemp, seeking to have a judge overturn Kemp’s ruling in the Bibb-Monroe county border dispute.
On Tuesday, Bibb County commissioners voted in committee to follow County Attorney Virgil Adams' recommendation to fight the lawsuit and “pursue expenses of litigation and cost on grounds that such a lawsuit is without any legal or factual basis and is what we consider under the law to be abusive and frivolous.”
Monroe County’s case was filed Friday in Fulton Superior Court. Bibb County commissioners are expected to formally vote to fight the case at 6 p.m. Tuesday.
Monroe County’s petition for judicial review asks that Kemp’s decision in August be overturned “in light of the serious errors in the Secretary of State’s ruling.” That would clear the way for a Fulton County Superior Court judge to uphold the recommendation of Special Assistant Administrative Law Judge John Sherrill.
Kemp had already rejected another Monroe County appeal effort, a motion for reconsideration, saying the law didn’t allow such an appeal to take place.
Monroe County’s latest appeal effort says it should be allowed under three legal routes.
Sherrill’s recommendation would place parts of the Bibb-Monroe border hundreds of feet south of where Bibb County says the line should be. That line, proposed by surveyor Terry Scarborough, would shift homes, businesses and infrastructure to Monroe County.
For more on this story, read Wednesday’s Telegraph or return to Macon.com.