Stephenson v. Benton

Benton brought this action for declaratory judgment, naming as defendants Stephenson, individually and as mayor of Commerce, Georgia, and two Commerce city councilmen, individually and in their official capacity. In his action Benton sought to determine whether, under the city charter and code, the mayor of Commerce has a power of veto over the election of the city attorney by a majority of the city council. The trial court held that the mayor has no such veto authority. We affirm.

Benton was duly elected to succeed himself as Commerce city attorney at the January 11, 1982 meeting of the mayor…