Getting your Trinity Audio player ready...

Citizens gathered at the Decatur County Courthouse on Monday morning to witness the legal proceedings between the State of Georgia and City of Bainbridge. The legal case stems from a petition filed by District Attorney Joe Mulholland, regarding bond validation for city sewer and fiber projects, and those project’s relation to Project Liberty, aka Safer Human Medicine.

The City of Bainbridge previously heard readings on these Series 2025 bonds at the last two city council meetings, voting to adopt the bond ordinance during their May meeting. The amount to be issued was set for $3.5 million. Following this, the city prepared a bond resolution, and a petition for bond validation. Per the law, these documents were delivered to Mulholland to sign, who took issue with the city’s petition, and composed his own petition.

In the petition filed by the state, Mulholland contends that “The Series 2025 Bond will not be used in any way, either directly or indirectly, to finance, further, support or provide infrastructure for the use by the owners or operators of ‘Project Liberty’”. The petition further states that the bond would not be used to fulfill the obligations set forth in the Safer Human Medicine PILOT Agreements.

During the Monday morning proceedings, Mulholland asserted that the city was attempting to “piggyback these bond revenues onto a previous bond that was issued for Danimer”, and that this was a way to “circumvent” and provide fiber connections to the Safer Human Medicine project. He presented the documentation of the projects proposed for the bond, arguing that the city had provided insufficient documentation or explanation for the fiber project, when compared with the extensive description of the sewer project.

“I don’t think that, based on any of the information that I’ve been provided in the answer, that I, as the state, can go ahead and meet my burden of proof, as the petitioner, as to why these bond revenues should be granted,” Mulholland said.

Mulholland further asserted that, per the law, as the state, he had the authority to dismiss the city’s petition for bond without prejudice.

Speaking on behalf of the city of Bainbridge, Michael Kozlarek responded he was “shocked the state was able to subpoena four witnesses to appear today and claims it can’t meet its burden of proof.” Kozlarek contended that the city had provided adequate explanation of the fiber project, also citing that the court had previously approved revenue bond validation related to telacom/fiber in 2021.

Kozlarek asserted that no fiber would be provided to the industrial park where SHM is hoping to build.

“What the city’s answer actually says,” he responded, “is it shows where the last two customers near the industrial park are, and that they are not adjacent to the industrial park. That no fiber is going to that industrial park as part of this revenue bond. Zero, none.”

Kozlarek further made arguments about whether Mulholland could be compelled to go forward with the bond validation, and his ability to dismiss the matter without prejudice.

Ultimately, the judge agreed with Mulholland on the matter, and the bond was dismissed.

The citizen’s group StandUpBainbridgeGA issued a statement following the Monday decision.

“Today’s dismissal of the City of Bainbridge’s new bond validation marks a win for the citizens of Bainbridge,” it read, stating that “District Attorney Joseph Mulholland did right by the people”.

The Post-Searchlight will provide updates on what actions may come next in regards to the bond.