Judge Fuller Could Rule This Week on City’s Motion to Dismiss Mayor James Grogan’s Appeal

DAWSONVILLE, Ga. – Enotah Judicial Circuit Superior Court Judge C. Andrew Fuller could rule as early as this week on a  motion to dismiss an appeal by Mayor James Grogan of his impeachment by the Dawsonville City Council.

City council has accused Grogan of violations of the city charter and, on May 15 by a vote of 3-1 with Councilman Mike Sosebee opposed, removed him from office.

Grogan and his attorney Steven Leibel immediately filed an appeal de novo in Superior Court and the mayor was reinstated while the appeal process played out.

City Attorney Dana Miles then filed a motion to dismiss, arguing that the appeal for a new trial de novo is not the correct method and that the only method for review is by certiorari.

Leibel countered that Miles is wrong and that the legislature gave his client the right to determine if he wants to go by cert or de novo.

If the appeal is not dismissed, Miles wants Grogan removed from office and his salary of approximately $3,600 per month and benefits returned to the city.

Fetch Your News has reported the decision to impeach the mayor has already cost taxpayers approximately $73,000.

Grogan is accused of lowering rezoning fees for applicants without prior approval of city council, allowing a business to pay a lower rate for water/sewer service without prior approval of city council and approval of payments to non-profit groups, something that has been a common practice of the city for many years.

Grogan has maintained his innocence and said he has done nothing wrong.