So people in Dunwoody think all they have to do to get a city is vote for it? Not so fast, says Lee May.

The county commissioner from south DeKalb wants his colleagues to sue to block incorporation.

Cityhood for the prosperous north DeKalb area is on the ballot July 15. Some county officials, spurred by the potential loss of millions of dollars in tax revenue, have been preparing a backup plan should it pass.

Former Gov. Roy Barnes, a lawyer, attended a recent closed meeting with commissioners to discuss a possible lawsuit. The grounds could range from lack of racial representation at the polls to the distribution of funds from business and property taxes, May said.

Federal law prohibits race discrimination in elections. May criticized the cityhood vote, saying only Dunwoody residents, who are mostly white, will get to vote. "In a predominantly African-American county, now you're going to carve out a community, or city, that's predominantly white," May said. City advocates are "carving out the most valuable asset of this county," he added.

May sponsored a resolution seeking commission support for a legal challenge. He tried to introduce it last week, but there was no quorum. May then brought it to the floor Tuesday, but his colleagues delayed a vote for two weeks.

Cityhood backer state Rep. Fran Millar (R-Dunwoody) said there is a back story, and it has to do with Tuesday's election.

Commissioner Burrell Ellis is running for CEO and needs countywide votes. And Commissioner Kathie Gannon, whose super district spans the western half of DeKalb, needs support from both the north and south sides.

Millar didn't mention Ellis and Gannon by name, but said incorporation is a wedge issue for two commissioners who are running for office. The lawsuit proposal is "political grandstanding" to hurt their candidacies, Millar said. "If they vote for Dunwoody, that doesn't play well in south DeKalb."

Millar isn't even supporting Ellis' candidacy. He said he is endorsing state Rep. Stan Watson (D-Decatur), who voted against incorporation in the Legislature.

Watson said last week that as CEO he would favor a suit against a city of Dunwoody.

Ellis talked about the expense of protracted litigation and didn't give a clear position. Neither did candidates Joe Bembry or Steen Miles. The fifth candidate, Ann Kimbrough, said only that there was a "strong case" for a lawsuit and that four commissioners were blocking a vote on it.