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19 March 2012

Federal Judge Dismisses Lawsuit to Dissolve Sandy Springs

Monday, U.S. District Court Judge Timothy C. Batten released an order dismissing a lawsuit seeking to dissolve the new cities of Chattahoochee Hills, Dunwoody, Johns Creek, Milton, and Sandy Springs.

The 23-page order, which can be read here, says in part:

"Because Plaintiffs have failed to postulate a reasonable alternative practice that can be used as a benchmark to establish vote dilution, they have failed to state a claim for vote dilution under either the Voting Rights Act or the Fourteenth Amendment’s Equal Protection Clause. Moreover, vote dilution is not a cognizable claim under Fifteenth Amendment. Thus, Plaintiffs have failed to state any claims upon which relief can be granted, and the Court need not reach the remaining arguments in Defendant’s motion to dismiss."

The case dismissal by Judge Batten stems from a lawsuit filed by the Georgia Legislative Black Caucus in 2011. The suit claimed that the creation of the new cities diluted minority voting strength and, as a result, were unconstitutional.