MARIETTA - Developer Wes Godwin said he will likely appeal within the next 10 days a decision from the Cobb Board of Elections, which denied his request to disqualify Councilman Van Pearlberg from seeking re-election Nov. 3.

The elections board turned down the request Wednesday. The appeal would go to Cobb Superior Court.

Godwin is challenging Pearlberg for the City Council's Ward 4 seat. He maintains that Pearlberg has a conflict of interest by serving as both a councilman and a senior assistant district attorney.

Godwin spoke of the difficult decision the Board of Elections had to make when they denied his request Wednesday.

"This is an area that most boards have never dealt with before, I'm sure," Godwin said, adding, "I'm 99 percent positive we'll appeal. I'm going to speak with my attorney tomorrow."

Godwin said he was prompted to file the complaint against Pearlberg by supporters.

"People in Ward 4 have been requesting me to run for all these months, and once I decided to do so they came to me again and voiced this concern of the double-dipping, the fox guarding the hen house, the serving two masters, which is all true according to the attorney general's writings," Godwin said. "The attorney general being the top law enforcement official in the state of Georgia, I would think his word would have some credence. But evidently the opposing side chooses to pick and choose to which law or opinion they want to abide by. Just by virtue of the testimony today," he said.

Godwin was referring to how Pearlberg's attorney, Tom Cauthorn, cast doubt on the unofficial attorney general's opinions that Godwin used in the hearing. But at the same time, Pearlberg and the rest of the City Council has made a request for the attorney general to issue an opinion on the legality of a proposal to restructure the bond debt on the Marietta Conference Center.

"Van asked for the attorney general's opinion through the City Council, but yet he doesn't want to abide by the attorney general's opinion when it relates to him. Again, my constituents in my ward asked me to investigate this, which is what led me to this today," Godwin said.

Commenting after the meeting, Pearlberg expressed relief at the board's decision and vowed to continue to fight should Godwin appeal.

"Absolutely. I'm not going to give up at all," Pearlberg said.

Responding to Godwin's accusations that a conflict of interest could exist, Pearlberg said, "I am proud of my service as an assistant district attorney and proud of my service as councilman for Ward 4 and look forward to serving the public in both capacities. There have been no conflicts thus far and I perceive of none in the future. I deal with real facts and real evidence, not imaginary speculation or what may possibly, somehow, maybe, potentially come about."