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Democracy Under Attack: Georgia Suing Citizens Who Challenged the State

In what appears to be a stunning show of power and retribution, the State of Georgia and the JDA are suing six residents of Morgan County, Georgia—punishing them for daring to resist the State’s blatant attempt to bulldoze local zoning laws and silence a rural farming community fighting to protect its land. These citizens were merely trying to uphold the law in their community and challenged the legality of the State bypassing local zoning regulations–now they’re facing what many see as retaliation, with nearly half a million dollars in legal threats hanging over them.

The JDA’s Misleading Rhetoric—And Why Citizens Deserve Better

In a recent op-ed, the Joint Development Authority (JDA) defended its decision to pursue more than a half-million dollars in legal fees from six citizens who challenged the Rivian project in court. The JDA Op-Ed frames the lawsuits as meritless and disruptive, suggesting the plaintiffs abused the legal system for personal reasons. But behind this narrative lies a deeper, and more troubling truth about land deals, transparency, and the silencing of dissent.

If the Lawsuits Were “Meritless,” Why All the Lawyers?

The JDA insists these legal challenges were baseless. But if that were truly the case, why did the State and JDA hire at least seven law firms, some billing exorbitant Atlanta legal fees? If the suits lacked merit, surely one attorney would have sufficed. The reality is the JDA took these cases seriously because the issues raised were the violations of local zoning laws and ignoring the comprehensive plan of Morgan County.

And contrary to their portrayal, not all seven lawsuits were brought by the same six citizens. Only two lawsuits are currently being targeted for fee recovery. Of the so called seven lawsuits, one was dismissed without prejudice, meaning it didn’t impact the legal standing at all. Others involved different plaintiffs altogether. The JDA’s math conveniently inflates the volume of litigation to bolster its claims.

Fee Recovery or Punishment?

The State and JDA are now demanding $562,420.93 in legal fees for intervening in a lawsuit where they weren’t even named defendants. They voluntarily inserted themselves into that case—driving up their own legal costs—and are now seeking reimbursement from people who were merely trying to uphold the law in their community.

Calling this “protecting taxpayer dollars” is disingenuous. This isn’t about financial stewardship; it’s about making an example of citizens who dared to push back. The JDA says they were “left with no choice.” But targeting residents with massive financial penalties is a choice—and it sends a chilling message: We have power, and we’re willing to use it.

Let’s Talk About Real Budget Priorities

If the JDA is so concerned about saving taxpayer money, why are they spending lavishly on public relations firms—more than $250,000 over two years, with another $4,000 per month budgeted going forward? These figures suggest PR optics for the project matter more to the JDA than addressing citizen concerns.

Why allocate funds for a Memorial Garden ($25,000) or street lights for Rivian’s parkway ($75,000)? The JDA 2025-2026 budget also includes $500,000 reserved for future legal fees—not to support citizens, but to continue litigating against them. That’s not financial responsibility; that’s institutional intimidation.

Citizens Are Defending Their Homes—Not Waging War

The JDA claims the plaintiffs “weaponized” the legal system. But when citizens challenge bypassing zoning laws and opaque land deals—such as the JDA buying land from its own chairman and sidestepping public transparency—it’s not weaponization. It’s exercising a Constitutional right.

Many of these residents have just one piece of land. It’s not an investment—it’s their home, and deeply personal. They weren’t invited to participate in the decision-making, nor were they given a meaningful chance to respond. Instead, they were told “the ship has sailed” and that they could do nothing about it. Fighting back through the courts was their only alternative—it was a last-resort defense of their homes, land, and legal rights.

Mary Patrick
Jasper County, Georgia
This op-ed was reprinted with permission

August 14, 2025: Judge to rule if citizens opposing Georgia EV plant have to pay other side’s legal fees – Savannah Morning News
* John A. Christy, who is representing the landowners in their lawsuit, said it remains an open question whether sovereign immunity applies when the state leases land to a developer. He told the judge that, in a previous court hearing, he had ruled that there was a “low probability of success,” not “no probability.” Christy said the state was trying to “weaponize” the law that allows defendants to recoup attorney fees in frivolous cases, and he said a ruling against his clients would have “a chilling effect” on others considering a court fight against the state. *

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Marcello Banes money laundering indictment

Marcello Banes, Chairman of the Newton County Board of Commissioners, and representative on the Joint Development Authority of Jasper, Morgan, Newton and Walton counties (the JDA) has been indicted by a federal grand jury for conspiring to launder money obtained from wire fraud and honest services wire fraud. Here’s what we know…

July 31, 2025: Gov. Kemp suspends Newton County Board of Commissioners chairman, District 3 commissioner – 11alive.com
* The two were indicted last year on federal money laundering charges related to the 2019 sale of property by an economic development agency.*

August 8, 2024: Banes’ Suspension Creates Vacancy on JDA Board – Rockdale Newton Citizen
* According to a statement from the JDA, Banes’ suspension makes him ineligible to serve on the JDA board. *

August 2, 2024: Chairman Marcello Banes suspended indefinitely following Governor’s order – The Covington News
* Marcello Banes has been indefinitely suspended from office following his federal indictment. The suspension will remain in effect until the criminal case is finally disposed of or the Commissioners term of office ends, whichever comes first. *

June 27, 2024: United States Attorneys Office, Northern District of Georgia: Newton County Board of Commissioners Chairman and Real Estate Broker Charged with Money Laundering – justice.gov
* Marcello Banes, Chairman of the Newton County Board of Commissioners, and representative on the Joint Development Authority of Jasper, Morgan, Newton and Walton counties (the JDA) and Stephanie Lindsey, a real estate broker and attorney, have been indicted by a federal grand jury for conspiring to launder money obtained from wire fraud and honest services wire fraud. “This is a case of a public official breaking the public’s trust to enrich himself and a realtor who did not serve her client, but instead, assisted the public official in breaking the law,” said Demetrius Hardeman, Special Agent in Charge, IRS Criminal Investigation, Atlanta Field Office. *

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Legal battle over zoning laws pits citizens against the State of Georgia and their local Development Authority

Six plaintiffs from the No2Rivian group have filed two new lawsuits—one against Morgan County and another against the State of Georgia—seeking to enforce local zoning ordinances for the $5 billion Rivian Electric Vehicle (EV) manufacturing plant. The state took over the project after local opposition jeopardized the approval of the JDA rezoning effort. John Christy, an attorney representing the development’s opponents, stated, “It’s a question of whether or not the state can run roughshod over the citizens because the state wants something to be done even though it’s not for a public use or purpose.”

June 24, 2025: Georgia Is Suing People Who Opposed Rivian Assembly Plant – Yahoo News
* In an ominous attack on free speech and community organizing, the State of Georgia and a state-created development authority have filed a court motion demanding almost $1million in legal fees from a group of residents who challenged zoning decisions related to the controversial Rivian electric vehicle factory site. The matter will be heard in Morgan County Court in Madison, Ga., at 9:00 am on Wednesday, August 13, 2025 *

January 17, 2025: The Georgia Court of Appeals denies appeal to reverse the decision from the Morgan County Superior Court that dismissed their zoning challenge.

February 23, 2024: JDA vs. No2Rivian battle ongoing – The Covington News
* On Jan. 30, the No2Rivian Group filed an appeal to reverse the decision from the Morgan County Superior Court that dismissed their zoning challenge *

February 5, 2024: No2Rivian Group Files Appeal Causing Multi-Million Dollar Limbo. – No2Rivian Facebook Group
* After a Morgan County Superior Court Judge dismissed a lawsuit in early January, which aimed to force Rivian and the State of Georgia to comply with local Morgan County zoning ordinances, the No2Rivian plaintiffs filed an appeal on Jan. 31 hoping to have the ruling overturned. The No2Rivian group, based out of Rutledge, believes an appeal is warranted, not only to enforce local zoning standards onto the Rivian project, but to prevent a “dangerous precedent” from being set in all cases in which the State of Georgia buys or acquires land to develop for the purposes of private industry. *

February 1, 2023: Two new lawsuits filed against Morgan County, State of Georgia to halt Rivian development – Morgan County Citizen
* Two new lawsuits, one against Morgan County and one against the State of Georgia, have been filed by six plaintiffs from the No2Rivian group, petitioning the courts to enforce local zoning ordinances upon the $5 billion Rivian Electric Vehicle (EV) manufacturing plant and to halt all land disturbance activities until the zoning disputes and the $15 billion bond validation appeals case is resolved. *

January 31, 2023: Rivian opponents refile lawsuits to challenge state’s site takeover – The Atlanta Journal-Constitution
* John Christy, an attorney representing opponents of the development, told The Atlanta Journal-Constitution his clients had to file two lawsuits, one in Fulton County and one in Morgan County, to individually sue the state and county. He said the state is trying to take over the project because a rezoning effort was threatened by local opposition. “It’s a question of whether or not the state can run roughshod over the citizens because the state wants something to be done even though it’s not for a public use or purpose,” Christy said. “It’s for a private enterprise.” If victorious, Christy said he’ll ask for the state to have to revert the land back to the way it was, which would likely cost millions of dollars. “While it may be illaudable that the state wants to make Georgia the EV capitol of the world, it can’t do so at the expense of its citizens and certainly not at the expense of the law,” Christy said.*

January 30, 2023: Two new legal actions were filed on Friday, January 27th.

Each case individually challenges the legality of the State of Georgia and Morgan County to bypass local zoning regulations. As you may recall, a suit was filed in November 2022 to compel the State, the Joint Development Authority (JDA), and Morgan County to go through the rezoning process. At the same time that, a Temporary Restraining Order (TRO) was filed to stop the grading work occurring at the site. Unfortunately, the ruling for the TRO didn’t go in our favor. Our attorneys requested to withdraw the rezoning case without prejudice, meaning it could be rewritten and refiled. The state and JDA tried to stop the refiling but Judge Bradley said we could, so we did, on January 27th.

In 2020, the citizens of Georgia voted on a constitutional amendment to allow the State of Georgia and municipalities within the state to be sued rather than individuals within the state, county, or city. Only one governmental entity may be included in a single suit; therefore, we have filed two almost identical lawsuits. The legal actions are linked below. We will post updates as these progress through the court system.

>> Click here to view the petition that has been filed in The Superior Court of Fulton County <<

>> Click here to view the petition that has been filed in The Superior Court of Morgan County <<

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Attorney’s for State and JDA ask judge to require citzens post a $364,000 bond before their case can be heard

In their latest attempt to derail the citizens case, attorney’s for the State and JDA ask judge to require citzens post a $364,000 bond before their zoning case can be heard. One has to wonder, is this an attempt to bankrupt the citizens and force them into surrendering to the will of the State and JDA?

** Current Status **
The No2Rivian plaintiffs won their appeal, reversing a Fulton County Superior Court ruling. The previous ruling had required the group to pay a $364,619 bond to proceed with their zoning lawsuit.

February 6, 2024: No2Rivian group wins appeal over paying $364K bond in zoning lawsuit. – Morgan County Citizen
* The No2Rivian plaintiffs, who are involved in several suits against the State of Georgia over the incoming $5 billion Rivian Electric Vehicle (EV) megafactory, have won an appeal, reversing The Fulton County Superior Court ruling that ordered the group to pay a $364,619 bond in order to continue with the zoning lawsuit. *

May 25, 2023: The Court of Appeals of Georgia has granted our request for interlocutory appeal regarding the order of Fulton County Court that would require No2Rivian plaintiffs to put up $364,000 bond.

May 1, 2023: An application for interlocutory appeal was filed with the Court of Appeals of Georgia to review the order of Fulton County Court that would require No2Rivian plaintiffs to put up $364,000 bond.

(From the introduction)
This application for interlocutory appeal arises out of an action filed by Appellants in the Superior Court of Fulton County seeking declaratory and injunctive relief that a private automobile manufacturing facility to be located partially on certain property located in Morgan County, Georgia, (“Project” or “Rivian Project”) is subject to local zoning and development ordinances, as well as certain State laws applicable to such development. The trial court improperly granted the State of Georgia’s (“State”) Motion for Bond pursuant to O.C.G.A. § 50-15-2. This Court should grant Appellants’ application for interlocutory appeal because the ruling has a chilling effect by effectively denying and discouraging private citizens from being able to challenge questionable actions of the State.

The General Assembly has expressly declared “that it is in the public interest to encourage participation by the citizens of Georgia in matters of public significance and public interest through the exercise of their constitutional rights of petition and freedom of speech.” O.C.G.A. § 9-11-11.1(a). If this Court allows the decision below to stand, the General Assembly’s words will ring hollow, resulting in a chilling effect on Georgia citizens’ ability to seek redress in the judicial system concerning matters of public importance for which there is a clear and justiciable issue for review.

>> Click here to view the Application for Discretionary Appeal <<

May 25, 2023: Appeals court to decide whether Rivian critics must pre-pay legal fees – The Atlanta Journal-Constitution
* The Georgia Court of Appeals agreed Thursday to take up the case after a Fulton County judge ordered opponents of the Rivian EV factory to pay $365,000 to cover legal costs and attorney’s fees for the state and a local development authority. The local judge ordered the plaintiffs to pre-pay legal fees under what’s known as a petition for bond, a tactic designed to discourage frivolous lawsuits against local and state governments. John Christy, an Atlanta attorney representing the plaintiffs, previously said the state is trying to “discourage” his clients’ litigation. Christy’s clients won’t have to pay a penny while the matter is under appeal and unless the previous ruling is affirmed. *

May 1, 2023: Fulton County Court orders No2Rivian plaintiffs to put up $364,000 bond – Morgan County Citizen
* Those in control of our State and local government will stop at nothing to silence the voices of the citizens. Requiring citzens to post a $364,000 bond before their case can be heard is obvioulsly an attempt to financially prohibit the citizens case from moving forward. What’s next and how draconian will the government become? Will citizens be required to post a bond before they can challenge a traffic citation in court? In effect, if that citizen doesn’t prevail in fighting the ticket, not only do they pay the fine for the citation, but also the fees of the prosecuting attorney. *

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Local citizens challenge $700 million in local tax breaks

A group of local citizens challenged the $700 million in local tax breaks granted to an electric vehicle manufacturer. Their goal was to overturn the Morgan County Tax Board’s approval of a rental agreement with the company, arguing that the deal violates the state constitution.

** Current Status **
A Morgan County Superior Court judge sided with the citizens and denied the issuance of $15 billion in bonds. The State and the Joint Development Authority (JDA) appealed the decision to the Georgia Court of Appeals. The appeals court overturned three of the four rulings by the lower court but upheld the decision that Rivian must pay ad valorem taxes on the manufacturing equipment used in the factory. This is a significant win for the local communities, as the tax revenue generated is expected to total around $600 million over 25 years.

July 17, 2023: Georgia Supreme Court declines to hear anti-Rivian appeal.

May 8, 2023: Attorneys gave notice of appellees’ intention to petition for a writ of certiorari to the Supreme Court of the State of Georgia to review the opinion and judgment of the Court of Appeals in this appeal entered on April 28, 2023. This is with regards to Judge Trammell’s orginal ruling on the $15 billion bond for title and her decision that the lease agreement between the JDA and Rivian was a taxable estate for years.

>> Click here to view the notice to file against the State of Georgia <<

>> Click here to view the notice to file against the Joint Development Authority of Jasper County, Morgan County, Newton County, and Walton County (the JDA) <<

May 1, 2023: Rivian’s tax incentives can move forward after court decision – Atlanta Business Chronicle
* Although this is a win for the State and JDA (Joint Development Authority of Jasper, Morgan, Newton, and Walton County) the decision will likely be appealed to the Georgia Supreme Court, according to previous interviews with opponents of the massive plant. *

April 28, 2023: Appeals court largely sides with state in case over Rivian incentives – The Atlanta Journal-Constitution
* John Christy, an attorney representing seven Morgan County residents who oppose the EV project, told The Atlanta Journal-Constitution he’s disappointed by the panel’s ruling. He said he’s reviewing the 48-page opinion and will likely file a notice to appeal within 10 days. He said he hopes his clients “will be vindicated” by the Georgia Supreme Court. *

February 23, 2023: A video of Court of Appeals oral arguments from February 15th, 2023 is now available (link below). The ruling from the Court of Appeals should be made by April 30th, 2023. Their ruling will be posted on this website, so check back for updates.

>> Click here for the video of the Appeals Court proceedings. <<

>> Click here to view the brief by the State of Georgia <<

>> Click here to view the our response to the States brief <<

>> Click here to view the brief by the Joint Development Authority of Jasper, Morgan, Newton, and Walton County (JDA) <<

>> Click here to view the our response to the JDA brief brief <<

February 16, 2023: State urges appeals court to OK Rivian incentive deal – The Atlanta Journal-Constitution
* “This whole bonds-for-title fictional scheme is problematic and probably something the Legislature needs to deal with,” Christy said. “But as the law stands now, there’s no difference in evaluating bonds-for-title (from) bonds backed by the government.” *

September 30, 2022: NO BOND For Rivian In Georgia – Judge And Citizens Halt Project – The Georgia Record
* Through the combined efforts of an organization of local citizens based in Morgan, Newton, Jasper, and Walton counties, Georgia citizens have halted the plans of the Rivian Corporation, which has direct ties to China. Its financiers are currently facing securities fraud litgation. Though Governor Kemp and his associates with the regional Joint Development Authorities (JDAs) wanted citizens to believe the Rivian deal was sealed and have been telling property owners the state has “taken over the project,” citizens found it to be a bullying and distraction strategy. JDA proponents even went so far as to threaten eminent domain. *

September 29, 2022: Judge rules against Rivian: $15 billion in bonds denied – Morgan County Citizen
* A Morgan County judge has denied $15 billion in bonds for Rivian to finance the construction of a massive manufacturing plant, despite the project’s backing from top state and local officials. Morgan County Superior Court Judge Brenda Trammell issued the bombshell ruling on Thursday, Sept. 29, dealing several major blows to Rivian’s funding plans for the plant and historic incentive deal with the State of Georgia and the Joint Development Authority, the local four-county board overseeing Rivian’s development in Stanton Springs North. *

June 27, 2022: Opponents appeal Rivian’s tax deal to Morgan County Superior Court – Morgan County Citizen
* The 17-page complaint summary claims the usufruct model approved by the Morgan and Walton tax boards to sidestep property taxes for Rivian is illegitimate and violates Georgia’s state constitution *

>> Click here to view the petition that has been filed with Morgan County Superior Court <<

June 23, 2022: Rivian opponents challenge $700M in local tax breaks for EV maker – The Atlanta Journal-Constitution
* Opponents of the planned $5 billion Rivian electric vehicle factory asked a judge this week to overturn a Morgan County board’s approval of a rental agreement with the company, alleging the deal violates the state constitution. *

May 25, 2022: Morgan County signs off on Rivian tax deal; lawsuits threatened by Rivian opposition – Morgan County Citizen
* “It’s not as clear as the state is making it out to be,” said Christy. “I think all of these issues will eventually make their way to the Supreme Court at some point. The goal is to stop Rivian from coming here altogether. There is absolutely a legal fight coming.” *