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Dismissal of Senoia marijuana suit upheld by Supreme Court

Senoia resident Don Rehman had his day in the Ga. Supreme Court to contest a ruling earlier this year by Coweta County Superior Court Judge Dennis Blackmon that dismissed Rehman’s contention that a Senoia city ordinance dealing with misdemeanor possession of marijuana. But the unanimous decision by the Supreme Court issued Nov. 4 upheld Judge Blackmon’s decision.

Rehman in the March 15 court filing in Coweta County Superior Court said the city ordinance dealing with misdemeanor amounts of marijuana, in quantities less than one ounce, essentially mandates that males are required to be in possession of more than an ounce of marijuana to be considered law abiding citizens. Possession of less than an ounce is handled through the local court as a misdemeanor while possession of more than an ounce is a felony under state law.

Rehman contended that obeying the ordinance as written would make criminals out of law abiding citizens, the suit said.

The Supreme Court in the Nov. 4 opinion determined that Rehman incorrectly served the lawsuit paperwork to the mayor and council by leaving copies for them at city hall.

Beyond that, and perhaps more telling in the decision, the Supreme Court said, “Even if the service had been perfected, it cannot be said the (Coweta County) trial court erred in dismissing the petition because plaintiff, who has never been charged or even threatened with violating the ordinance, does not have standing to challenge the constitutionality of the ordinance.”

The Supreme Court also maintained that Blackmon did not err in requiring that Rehman pay the defendants attorney fees and litigation expenses.

As for the defendants’ motion to impose a penalty on Rehman for filing a frivolous appeal, the Supreme Court denied that motion.

Rehman requested placement on the Supreme Court docket after Judge Blackmon dismissed his lawsuit last summer.

Judge Blackmon in his full dismissal of the lawsuit was adamant in his disagreement with Rehman’s position.

“Are you telling me that I am here and you’ve got me here, and you’ve got all these people here to explain to you what the Senoia ordinance means when it says you can’t possess less than an ounce of marijuana? Are you seriously telling me that that’s why I am here listening to this case?” Blackmon asked.



Calling re0046. Can you please explain to all of us how this was not a slam dunk for Senoia? Please explain to us how this was really a victory for Rehman using your unique interpretation of these results.

Maybe he got blocked for identifying himself and using this site for his campaign...

Maybe he got blocked for emphatically calling out others to identify themselves...

More probably, he is just too cowardly to rejoin the conversation, knowing the beatdown that would be forthcoming



I really hope he didn't make anymore unfulfilled campaign promises like he did back in 2011. Otherwise, these absurd actions may continue and nothing will be accomplished. At least I won't have to read his nonsense on the community web site now. Whew!!!

Perhaps in his new found spare time he can figure out the difference between something that is constitutional vs unconstitutional and something that is ethical vs unethical. Its really a shame to go around town not knowing the differences.

 For Goldminer7759 and all others who still don't understand the facts:
Sorry it took so ling for me to return to your presence and once again explain the "facts of life" to you. I have offered to meet any one or all of you in person in a public place but apparently you only want to function if you can keep your identity a secret and sling "mud" while hiding. 
The Supreme Court of Georgia refused to dismiss my appeal, allowed me extra pages in my brief, granted me Oral Argument before the entire Court even though I am not an attorney, denied the motion to fine me for frivolous appeal,etc.. Anyone who says that the Court was obligated to do all that, does not know anything about the Supreme Court of Georgia and its "power". It is my belief that they did what they did [treated this Citizen fairly and justly] all because the "cause" was right, the Senoia Marijuana Ordinance was "stupidly worded", but I didn't have "standing" to challenge it because I, as a lifetime law abiding citizen, had never been a "victim" of its application. Bottom line is the City of Senoia and its entire Elected Government could have from the very beginning, for less than probably $200 have either fixed the wording in the law or eliminated it entirely and rely on State Law. Instead they spent thousands of Taxpayers dollars at the Georgia Supreme Court for which the Court said "no/denied" to their motion to be reimbursed because my Appeal was not frivolous. 
Don Rehman, Colonel, USA, Retired, Senoia Resident

NUK_1's picture

Move on and enjoy life instead of being a real nuisance to common sense.

Nuk, don't you realize that what we have here is a classic case of an old retired BIRD using the brain of a BUTTERBAR!

I don't think he's the type of person that will admit fault or wrong doing to anything. Its always someone else's fault or someone else started this or that and he is self-portrayed as the old retired military victim in an effort to gain some sort of favor. No, I think this is the type of person that will attempt to spin the upper courts ruling in a manner that will suggest he is somehow in the "right". He has no shame in my opinion.

Judge Blackmon basically stated this was the most ridiculous thing he's ever seen in his courtroom. He found this to be a frivolous claim against the city and Rehman was directed to pay all court costs. The Supreme Court unanimously agreed (upheld) that Judge Blackmon did not err in his judgement to award relief to the city for all legal costs. This clearly shows that both courts agreed this case was frivolous.

Rehman, give it a break. You just don't get it.

Citizen-Steve. You Fail to get all information before making assumptions. The lower court, Judge Blackmon, made it crystal clear that there were no problems with the ordinance because local ordinances are merely a subset of State Law and must be interpreted in that light. Judge Blackmon also clearly stated in court that Rehman's lawsuit was ridiculous, frivolous, and a total waste of everybody's time. He even went so far as to use an analogy of another absurdity to demonstrate this to Rehman.
Rehman then challenged this ruling by appeal to the Supreme Court. State Law required that the appeal be heard as there is no other appeal available for this type of suit. The demeanor of the judges during this hearing clearly showed they thought it a total waste of time. Their total "tune-out" and the fact they asked no questions clearly demonstrated this.
The Supreme Court Ruling upheld the lower court thus validating Judge Blackmon's opinions of how the suit was frivolous and a total waste of time.
The issue has clearly been decided and Rehman's assertions were completely and totally rebuked.
You opinion is the "JOKE" here!!!!!!

Apparently my prior rebuttal comments made here a long time ago to the things posted here about me, have mysteriously disappeared. In any event, 3 things are important.

First, the Senoia Elected Government does not accept the numerous times I have offered to serve on Senoia Committees, Boards, etc. It a Senoia Elected Government tactic used so that it can be claimed by incumbents/their supporters, that "Rehman never served on anything."

Second, there are some people in Senoia close to the Government whose mission appears to be: "bad mouth" others in a blog, hide your identity, and say nasty things you would never otherwise have the courage to say in public unless you conceal your identity.

Third, I run for Public Office to give the Senoia voters a chance to have an alternative candidate to vote for. That is more than the persons who "bad mouth" others do because they are in fact practicing their skill of "destruction" without meaningful mature debate!

Don Rehman

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