Skip to content
Home » Perdue v. Barron

Perdue v. Barron

Perdue v. Barron, A22A1528, 2023 WL 2420953 (Ga. Ct. App. Mar. 9, 2023). This case involved an election challenge alleging voting irregularities in Fulton County. Here’s the court’s summary:

Thirteen of the sixteen respondents moved to dismiss the petition, and the Superior Court of Fulton County granted the motions and dismissed the petition against all respondents.3 Lennon and Perdue appeal, arguing that the trial court erred in granting the respondents’ motions to dismiss for failure to state a claim for declaratory relief and for injunctive relief due to mootness. In view of our Supreme Court’s recent decision in Sons of Confederate Veterans v. Henry County Bd. of Commrs., 315 Ga. 39, 880 S.E.2d 168 (2022), we first conclude that Perdue lacks standing to pursue the causes of action in the petition. We further conclude that Sons of Confederate Veterans abrogated the trial court’s conclusion that Lennon lacked standing, and we hold that she does have standing to pursue a claim; however, we also conclude that the trial court lacked subject matter jurisdiction to consider Lennon’s request for declaratory relief and, alternatively, agree with the trial court that Lennon’s claims lack merit. Therefore, we affirm the trial court’s dismissal of the petition.