Judge Blocks Chatham County's Attempt to Reinstate Former CAT Board

Oct. 17, 2025 – The Chatham County Commission’s effort to take back control of Chatham Area Transit’ governing body was blocked by a Chatham County Superior Court judge on Thursday, with the judge finding that the new CAT board has demonstrated it will be “irreparably harmed” by the commission’s amendment of state legislation that abolished the previous CAT board.

“It is apparent that without an interlocutory injunction, the threat of confusion and instability surrounding the Authority’s executive power and corporate governance would jeopardize its ability to enter critical contracts and agreements, which would negatively impact everything from its ability to negotiate and contract to day-to-day operations,” Judge Timothy Walmsley’s order states.

The injunction preserves the status quo and allows CAT to continue operations without disruption while the litigation proceeds.

“The injury to the Authority outweighs any threatened harm that the County claims an injunction may cause,” Walmsley found. “It is in the public interest to have consistent and reliable transit services provided during the pendency of this lawsuit.”

The injunction comes after the amendment was temporarily blocked on Sept. 12 following the CAT board’s complaint challenging the county amendment.

The amendment approved by the county commission in September would abolish the newly created 11-member board CAT board and reinstate the previous 9-member board, which consisted of a majority of county appointments. The hearing for the preliminary injunction blocking the amendment was held on Oct. 7. Commissioners Anthony “Wayne” Noha and Patrick Farrell voted against the amendment, while Aaron “Adot” Whitely was not present for the vote.

“The County is unable to approve the millage rate increase for an unconstitutionally created board that will not be able to legally conduct public transportation business in Chatham County,” the county staff report concerning the amendment stated. “Therefore, the County amends the Local Act, under the authority provided by the Georgia Constitution, to the law existing prior to the 2025 amendment.”

Chatham County amendment to HB 756>

In its subsequent complaint, the new CAT board sought to block the county’s attempt to reform the previous board until an appeals court case regarding the dispute is resolved. The complaint disputed Chatham’s claim that the commission has the right under a “Home Rule” provision to amend the state legislation, while also arguing the public notice was deficient because it did not include all required language necessary to invoke the provision.

“The Commission’s effort to amend the nature of appointments to the Authority board relies on its misguided belief that it may amend an Act of the General Assembly simply because it does not like the Act,” the court filing states, adding that the “brunt of the fallout will be borne by the Chatham County residents who rely on the Authority for essential transportation services.”

The county claims the state legislation is unconstitutional, even after a Chatham Superior Court judge rejected that argument recently and ruled against the county’s challenge to the board shakeup. That ruling is now being appealed in Georgia Supreme Court.

The county commissions vote for the amendment comes after the commission recently voted to cut CAT’s millage rate, amounting to a $1.9 Million reduction in property tax revenue. In addition, the county commission failed to allocate Special Purpose Local Option Sales Tax funding ahead of this Novembers referendum for the continuation of the 1-percent sales tax, which the transit service relies on for capital investments and matching funds for federal grants.

The funding cuts are described by the CAT board’s lawsuit as part of a “retributive campaign” in which the commission has “used the Commission’s purse strings to retaliate against the State and cripple the Authority’s operations, all with patent disregard for the impact on Chatham County residents and riders.”

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