High court hears spaceport arguments

Oct. 7—The Georgia Supreme Court met Thursday to hear arguments questioning the validity of a special election that forced Camden County officials to abandon plans to purchase a launch site for a planned spaceport.

While lawyers had little time to present their cases during the allotted 20 minutes, justices were prepared with questions.

A lawyer representing Camden County commissioners said the defendant, Camden County Probate Court Judge Robert C. Sweatt, was not authorized to approve a special election based on a petition to prevent county officials from spending more money to pursue a spaceport after more than $11 million had been spent on the effort.

Justices asked for the rationale behind why Camden officials believe the results of a special election should be overturned months after the fact. A lawyer representing the county argued the election should have never been held and asked for the results to be voided.

The argument for the county was if the court allows the special election results to stand, voters anywhere in the state could challenge decisions by local elected officials.

Kelly Moore, the lawyer representing Sweatt, argued her client is not the correct person to be involved in the case. She said Sweatt had the authority to rule there were enough valid signatures on a petition to authorize a special election under Georgia law.

Any challenge to the special election should have happened in Superior Court during the 90-day period between when the petition was approved and the date set for the special election.

Judges questioned why county officials did not pursue an appeal in Superior Court prior to the election and if overturning an election after the fact was a realistic request.

Megan Desrosiers, president and CEO of the environmental organization One Hundred Miles, attended the hearing in Augusta. She said she thought the justices asked great questions.

"They immediately asked about undoing the election," she said. "They clearly understood both sides of the argument."

Steve Weinkle, a longtime opponent of the spaceport, said he was surprised at how quickly the justices began questioning lawyers on both sides. Neither side was given the opportunity to make a presentation regarding the merits of their case.

Weinkle said he believes the justices will rule Camden County officials erred by failing to make a legal challenge in Superior Court questioning the validity of scheduling a special election.

"Since we have the legal right to recall elected officials, voters surely have the right to recall one of their bad decisions," he said. "We accomplished that on March 8, 2022, by following the plain word meaning of the Georgia Constitution."

In that referendum, 72% of voters took away the right of the county commission to purchase the Union Carbide property for what Weinkle described as "the speculative" Spaceport Camden, he said.

"The Supreme Court does not have the authority to undo an election," Weinkle said. "The judges will have a difficult time overturning a duly held election."

A court ruling is not expected until November or later.