Monroe County had filed an appeal in Fulton County. The judge there ordered the Secretary of State to use a 2009 survey to set the border, but would not let Bibb County plead its case in court.
Today, the high court reversed that judge’s decisions and both Bibb and Monroe see this latest ruling as a win.
It’s all back in a Fulton County judge’s hands….
Monday, the Supreme Court of Georgia reversed Superior Court Judge Kelly Lee’s ruling. Which ordered the Secretary of State to use governor appointed land surveyor, Terry Scarborough’s, survey of the land.
"If the line had been set in accordance with the Terry Scarborough survey, first of all we would have had an island of Bibb County in Monroe County," Virgil Adams, Bibb County’s Attorney, said.
The court says Judge Lee had no right to force Kemp’s hand based on state law, but Scarborough believes despite the ruling his survey will be the law of the land soon.
"Unless some compelling and Convincing evidence can be brought to bear that can offset that, he can’t act on anything else, that is the only evidence on the record of the boundary," Scarborough said.
In the ruling, the high court also said the fulton county superior court judge had no right to keep Bibb County out of this latest appeal.
"Going forward we will be at the table. We will be in court, we will know everything that is going on, and we’ll be a part of that. So it’s a huge win for us," Adams said.
A win for Bibb- and Scarborough says a win for Monroe-
"Monroe County is pretty strapped in all of this. They spent a lot of money defending this thing and so forth. If they just stay in the fight and keep going, it’s there safely in Judge Lee’s court not to be removed until Kemp makes his decision. This is a victory that I see for Monroe County," Scarborough said.
A victory that comes with millions of tax payer dollars as the prize.
Monroe County Attorneys couldn’t be reached for comment.