Henry County Board of Commissioners Chairman Tommy Smith has filed suit in Superior Court against all five of his fellow commissioners for what he says is an attempt by the board to take away a portion of the chairman’s powers.

The action was filed Nov. 21, according to court records, and is listed as a “complaint for declaratory judgment, injunctive relief, and attorney’s fees.”

Commissioners Bo Moss, Brian Preston, Gary Barham, Reid Bowman and Bruce Holmes are listed individually in the suit as well as the board as a unit. Bowman will be leaving office in four weeks and succeeded by Blake Prince.

Smith’s complaint alleges that “there is uncertainty as to the exercise of the authority and duties delegated to him by the General Assembly” and that his authority “has been largely usurped by the Board of Commissioners illegally and in an unconstitutional manner.”

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Austin Walters died from an overdose in 2021 after taking a Xanax pill laced with fentanyl, his father said. A new law named after Austin and aimed at preventing deaths from fentanyl has resulted in its first convictions in Georgia, prosecutors said. (Family photo)

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