Judge Rules in Favor of Monroe County in Appeal Against Secretary of State

ATLANTA, Georgia (41NBC/WMGT) — Fulton County Superior Court Judge Kelly Lee ruled in favor of Monroe County in the latest round of the Bibb-Monroe County Line Dispute.

According to Monroe County Chairman, Mike Bilderback, Judge Lee ordered that Secretary of State Brian Kemp use surveyor Terry Scarborough’s plat to determine where the county line lies.

The mandamus action was brought against Kemp by Monroe County, and no representatives from Bibb County were in court.

Officials with Judge Lee’s Office tell us the ruling was issued from the bench. An official judgement was not written out and is expected to be ready in about a week. Press Secretary for Kemp told us their office will have a comment when the official ruling is completed.

Bibb County Commission Chairman Same Hart released a statement in response to the ruling.

It said, “Neither the Commissioners nor our attorneys were ever made aware of a mandamus action being filed or a hearing being set. We received no notice of the mandamus action or hearing. Had we been made aware of a mandamus action and had we been served, we would have moved to intervene on behalf of Bibb County just as we did with the petition Monroe County filed before the same Judge for a judicial review and in which the same Judge granted our motion to dismiss in September of 2012. Because we had no notice of these proceedings, we will take immediate steps to intervene prior to the Judge issuing a final order.”

41NBC spoke with Bibb County Attorney Virgil Adams this morning. He told us he was working on the case and would speak with us later.

Tonight on 41NBC, we’ll hear from surveyor Terry Scarborough. He’ll give us his reaction to the judge’s ruling on the news at 6.