City 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 DefectClay v. Morgan Cnty., No. A24A1013, 2024 WL 4341890 (Ga. Ct. App. Sept. 30, 2024) As our Supreme Court has recognized, Georgia's Public Lawsuits Act, OCGA § 50-15-1 et seq., is designed to protect the public from increased costs caused
Read Rivian Plant Litigation (Continued)Satcher v. Columbia Cnty., No. S24G0336, 2024 WL 3802370, at *1 (Ga. Aug. 13, 2024) After briefing, oral argument, and review of the full record, we vacate the Court of Appeals's opinion to the extent that it upheld the injunction
Read Just-Compensation Injunction Vacated: Satcher v. ColumbiaBd. of Commissioners of Brantley Cnty. v. Brantley Cnty. Dev. Partners, LLC, No. A24A0612, 2024 WL 3822183 (Ga. Ct. App. Aug. 15, 2024) The primary issue in these appeals is the propriety of a decision reversing an administrative law judge's
Read EPD SW Landfill Ruling Upheld: Bd.DeKalb Cnty. Sch. Dist. v. DeKalb Agric. Tech. & Env't, Inc., A23A0787, 2023 WL 7210307 (Ga. Ct. App. Nov. 2, 2023) Various charter schools operating in DeKalb County (collectively “Appellees”1) sued the DeKalb County School District (“the DCSD” or “the
Read Charter School Funding and Sovereign ImmunityEdwards v. Smith, 369 Ga. App. 128, 892 S.E.2d 566 (2023) Here, Smith is not questioning Edwards's qualifications or right to hold his public position. Rather, she is challenging whether an action he took while in office was permitted under
Read Quo Warranto Not for Wrongful ActionsFunvestment Grp., LLC v. Crittenden, 893 S.E.2d 60 (Ga. 2023) On appeal, Funvestment contends that the exemption in OCGA § 48-8-3 (43) clearly applies to leases of COAMs; that the term “gross revenues” includes the “leased income” a dealer or
Read Tax on Lease Revenue from CoineCBI Warner, LLC v. Patrick, 892 S.E.2d 792 (Ga. Ct. App. 2023), opinion superseded on denial of reconsideration sub nom. ECBI WARNER, LLC v. PATRICK et al. Additional Party Names: A2D, Inc., City of Warner Robins, A23A0779, 2023 WL 7930772 (Ga. Ct.
Read Fiber Optic Installation DisputeFiles v. Hous. Auth. of City of Douglas, A23A0506, 2023 WL 4194717 (Ga. Ct. App. June 27, 2023) The question before us is whether a city housing authority is a State agency, department or instrumentality.2 [. . .] In sum,
Read Sovereign Immunity: Housing AuthorityColumbus, Georgia Bd. of Tax Assessors v. Med. Ctr. Hosp. Auth., A23A0373, 2023 WL 4228280 (Ga. Ct. App. June 28, 2023) This is the second appearance of this case before the Court.1 The Medical Center Hospital Authority (“the Authority”) sued
Read Taxation: Hospital Authority PropertyPayton v. City of Coll. Park, A22A0739, 2023 WL 4193455 (Ga. Ct. App. June 27, 2023) The Plaintiffs contend that this case is akin to City of Lafayette v. Chandler, where this Court held that the ante litem notice satisfied
Read Ante Litem Notice, DisabilitiesAs an issue of importance to local governments, Water Run-Off cases can be affected by the definition of "wetlands" as a subset of "waters of the United States." The U.S. Army Corps of Engineers amended the regulation to conform the
Read EPA issues new rule for wetlandsFreedom Heights, LP v. Lowndes Cnty. Bd. of Tax Assessors, A23A1103, 2023 WL 7035098 (Ga. Ct. App. Oct. 26, 2023) Freedom Heights contends that the trial court erred by finding that “the income approach is inapplicable and may not be
Read Freedom Heights, LP v. Lowndes Cnty.HARTWELL RAILROAD COMPANY et al. v. HARTWELL FIRST UNITED METHODIST CHURCH, INC. Additional Party Names: The Great Walton R.R. Co., A23A1021, 2023 WL 7101212 (Ga. Ct. App. Oct. 27, 2023) This case did not involve a state or local government
Read Railroad Land Rights – Surface TransportationMorgan Cnty. Hosp. Auth. v. City of Madison, A23A0795, 2023 WL 7101211 (Ga. Ct. App. Oct. 27, 2023) Morgan County Hospital Authority (“MCHA”) filed a declaratory judgment action against the City of Madison (“the City”) regarding certain property MCHA owned
Read Morgan Cnty. Hosp. Auth. v. CityFlat Creek Falls, LLC v. Labat, A23A1145, 2023 WL 5496667 (Ga. Ct. App. Aug. 25, 2023) In these consolidated appeals filed by the owners of separate properties sold at a tax sale, Flat Creek Falls, LLC and Green Turnkey Corporation
Read Tax Sale for Demolition LienDunn v. City of Stonecrest, 368 Ga. App. 736, 890 S.E.2d 781 (2023) Despite available procedures for administrative review, Stonecrest did not appeal EPD's decision to grant Metro Green a solid waste handling permit. See OCGA § 12-2-2 (c); OCGA
Read Solid Waste Handling Permit CaseRace-Neutral Denial of Permit - Franklin Cnty. v. Wasserman, A23A0614, 2023 WL 3578452 (Ga. Ct. App. May 22, 2023) In this case, the court affirmed the dismissal of plaintiff's race-based discrimination claim arising from the denial of conditional-use permit. The
Read Franklin Cnty. v. WassermanCardinale v. Westmoreland, A22A1678, 2023 WL 2491898 (Ga. Ct. App. Mar. 14, 2023). To get the full import, read the opinion in full. But here are important excerpts: [W]e held that private citizens such as Cardinale do have a cause
Read Cardinale v. WestmorelandRoberts v. Cuthpert, S23A0631, 2023 WL 6065530 (Ga. Sept. 19, 2023) Here, OCGA § 16-11-129 (j) expressly authorizes a cause of action against a public official, i.e., the probate judge, based on the denial of an application for a weapons
Read Roberts v. Cuthpert400 Edgewood, LLC v. City of Atlanta, A23A0903, 2023 WL 6138228 (Ga. Ct. App. Sept. 20, 2023) In this case, the municipal court ordered Edgewood to install additional security cameras and hire “competent security,” and the court also reduced the
Read 400 Edgewood, LLC v. City ofSons of Confederate Veterans v. Henry Cnty. Bd. of Commissioners, A21A0734, 2023 WL 4246127 (Ga. Ct. App. June 29, 2023) Accordingly, we vacate our former opinion and adopt the judgment of the Supreme Court as our own. But because the
Read Sons of Confederate Veterans v. HenryPass v. Athens Hous. Auth., A23A0344, 2023 WL 4194714 (Ga. Ct. App. June 27, 2023) Viewing the instant appeal through the multifaceted lens created by our courts, we turn first to the legislation creating the entity and the public purposes
Read Pass v. Athens Hous. Auth.Allen v. Shepherd, A23A0463, 2023 WL 3963848 (Ga. Ct. App. June 13, 2023) Jeffrey D. Allen appeals from the Superior Court of Gwinnett County's grant of a motion to dismiss his verified petition for mandamus. In this petition, he sought
Read Allen v. Shepherd