The decision came during a hearing at the Bartow County Superior Court in which Bartow Tea Party Director Gail Englehardt and Paul Nally filed a writ of quo warranto that accused Sullivan of being illegally appointed to the seat in February after member Larry Parker resigned in January. Smith told Englehardt she could only file as an individual and not on behalf of the Bartow Tea Party, stating the entity is not incorporated.
The judge also denied a motion to dismiss the case based on Englehardt and Nally not living in the Post 5 district, saying any county citizen has the right to bring an action against a public official.
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