The Court of Appeals affirmed the dismissal of Public's state lawsuit against a Rockdale County seeking a declaration that the County could not hire private law firms on a contingency basis. After Public was dismissed from a federal lawsuit, it
Read Opioid Litigation Briefly Continued in StateThe plaintiff sued the Mayor and Aldermen of the City of Savannah after she tripped over a buckle in a city sidewalk. As for public nuisance claims, the court explained: “A public nuisance is one which damages all persons who
Read Slip-and-Fall Nuisance Claim FailsA court ordered members of a county's Board of Commissioners to make repairs to a road in McIntosh County. The petitioners sought mandamus to compel the commissioners to repair the road because, they say, the commissioners had a non-discretionary duty
Read County Commissioners Ordered to Repair RoadResidents of the City of LaGrange filed a putative class-action lawsuit contending the City charged excessive utility charges for electric, gas, water, and sewer. They argue the charges constituted illegal taxes designed to raise general revenues in excess of the
Read Judicial Authority to Review City’s UtilityLincoln Cnty. v. Serenity Builders & Dev., LLC, A24A0825, 2024 WL 4614554 (Ga. Ct. App. Oct. 30, 2024) Lincoln County's water availability assessment has all of the features of a tax and none of the features of a fee. [.
Read Another Fee-Tax Case Results in IllegalCatoosa Cnty. Republican Party v. Henry, 906 S.E.2d 750 (Ga., 2024) The appellants, who are the Catoosa County Republican Party (“CCRP”) and its executive officers (collectively, “the CCRP Defendants”), tried to stop certain candidates from qualifying for the May 2024
Read Injunction Against County GOP Upheld DueGateway Pines Hahira, LP v. Lowndes Cnty. Board of Tax Assessors, 372 Ga.App. 705 (Ga.App., 2024) Gateway Pines Hahira, LP (“Gateway Pines”) appeals from the superior court's order granting partial summary judgment to the Lowndes County Board of Tax Assessors
Read LIHTCs Apply in Ad Valorem TaxJones v. City of Atlanta, 2024 WL 4633416 (Ga., 2024) Appellant A. Thomas Jones contends that the City of Atlanta (the “City”) imposes unlawful taxes on him and other customers of its Department of Watershed Management (“DWM”) by means of
Read Tax-Versus-Fee Dispute RemandedGreen Meadows Housing Partners, LP v. Macon-Bibb Cnty., 372 Ga.App. 724 (Ga.App., 2024) In an effort to reduce crime in the affordable housing community of Green Meadows Townhomes, Macon-Bibb County filed a public-nuisance action against the property's owners, Green Meadows
Read Appointment of Nuisance Receiver Reversed forGeorgia Association of Club Executives, Inc. v. State, 2024 WL 4633505 (Ga., 2024) Because the Assessment imposed on “adult entertainment establishments” as defined in OCGA § 15-21-201 (1) (A) satisfies intermediate scrutiny under O'Brien and is not overbroad, GACE's First Amendment claims
Read First Amendment Challenge to Assessment AgainstState v. Decatur Cnty.-Bainbridge Industrial Development Authority, 2024 WL 4633664 (Ga.App., 2024) Because the State petitioned the trial court for the bond validation, it cannot bring an appeal from the trial court's order granting that petition. . . . And
Read Bond Validation Upheld Despite DA ReversalGeorgia Department of Transportation v. Jackson, 2024 WL 4587698 (Ga.App., 2024) Here, Jackson contends that her ante litem notice was “mailed by certified mail or statutory overnight delivery, return receipt requested[,]” and thus complied with the Georgia Tort Claims Act.
Read Stamps.com Printout Inadequate for Ante LitemTussahaw Reserves, LLC v. Butts Cnty., 2024 WL 4576933 (Ga.App., 2024) Tussahaw contends that SASS Group does not require a dismissal under Paragraph V because the Board and the individual commissioners were not “named” as “defendants,” but as “respondents-in-certiorari” with a limited
Read Writ of Certiorari claim denied underGonzalez v. Miller, 2024 WL 4536191 (Ga., 2024) Miller filed a verified complaint on June 7, 2023, seeking to compel Gonzalez to produce the previously requested public records maintained by the district attorney's office and to obtain other remedies available
Read Open Records Claim against District AttorneySouth River Watershed Alliance v. DeKalb Cnty., 2024 WL 4552579, at *1 (Ga.App., 2024) In 2021, DeKalb County closed on a deal to swap land used as a public park with land owned by Blackhall Real Estate Phase II (“Blackhall”)
Read Land Swap Upheld: South River WatershedLowndes Cnty. Board of Tax Assessors v. LifeSouth Community Blood Centers, Inc., 2024 WL 4456554 (Ga.App., 2024) This case concerns LifeSouth's claim that property it owns in Lowndes County is exempt from ad valorem taxation under OCGA § 48-5-41 (a)
Read Ad Valorem and Public Charity Exception:YKH Realty, LLC v. Georgia Dep't of Transportation, No. A24A0888, 2024 WL 4440461 (Ga. Ct. App. Oct. 8, 2024) In sum, we reverse the trial court order dismissing YKH's untimely notices of appeal. We also reverse the portions of the
Read Condemnation and Secured Party: YKH REALTY,GEORGIA DEPARTMENT OF PUBLIC SAFETY v. JUSTICE., 2024 WL 4536186 (Ga., 2024) Here's a Supreme Court opinion from today about the Ex Contractu Clause. I previously sent out the Court of Appeals' opinion. It goes into the Uniform Electronic Transactions
Read Ex Contractu Clause: GEORGIA DEPARTMENT OFGeorgia Department of Public Safety v. Cleapor, 2024 WL 4538995, at *2 (Ga.App., 2024) Here, on this record, we are compelled to conclude that Cleapor failed to comply with the ante litem requirements and that his complaint against DPS is
Read Ante Litem Case: Georgia Department ofShackelford v. Dep't of Pub. Safety, 371 Ga. App. 117, 898 S.E.2d 883 (2024) In the context of reviewing a ruling on the law enforcement exception to the sovereign immunity waiver in the GTCA, “[w]e are not authorized to substitute
Read Law Enforcement Exception to Sovereign ImmunityGeorgia Dep't of Cmty. Health v. Houston Hosps., Inc., 372 Ga. App. 218, 904 S.E.2d 70 (2024) In this case, the commissioner fully adopted 15 of the hearing officer's findings of fact, but expressly modified 25 of his findings of
Read Agency Commissioner Ruling: Georgia Dep’t ofDR. ANA EVERETT, et al., Plaintiffs, v. GEORGIA DEPARTMENT OF TRANSPORTATION, et al., Defendants. Additional Party Names: Coady Latimer, Enrique Alonso, Jill Reule, Kelvin Wilson, Langston Johnson, Nationwide Fence & Supply Co., Paul Denard, RMD Holdings, LTD, Russell McMurray, SolutionsAe,
Read Procurement Discrimination Dismissed: Everett v. GeorgiaHooks v. Rockdale Cnty., No. A24A1014, 2024 WL 4378799, at *1 (Ga. Ct. App. Oct. 3, 2024) This appeal arises from Lacresa Hooks's lawsuit for false arrest, false imprisonment, and related claims following her arrest and detention by Rockdale County
Read False Imprisonment and Sovereign ImmunityCity of Milton v. Chang, No. A24A0802, 2024 WL 4195584 (Ga. Ct. App. Sept. 16, 2024) “Thus, stated positively, municipalities generally have a ministerial duty to keep their streets in repair, and they are liable for injuries resulting from defects
Read Road Planter Could be Defect