Georgia Local Government Law Blog

Kitchens v. Lincoln Cnty., A23A0193, 2023 WL 4170459 (Ga. Ct. App. June 26, 2023) Following a hearing on the matter, the trial court found as a matter of fact that, “[the County's] ownership interest in the condemned segment of Booth's

Lundy v. Hancock Cnty., A23A0301, 2023 WL 4143843 (Ga. Ct. App. June 23, 2023) Lundy first argues that Hancock County's sovereign immunity was waived by OCGA §§ 42-4-4 and 42-5-2, concerning the provision of medical aid to inmates. But “[t]he

Condemnation Action - Motions in Limine: Kudzu Capital, LLC v. City of Decatur, A23A0374, 2023 WL 3859348 (Ga. Ct. App. June 7, 2023) We conclude that the price Kudzu paid for the property and the corresponding tax certificate were relevant

The following case, issued yesterday by the Georgia Supreme Court, addresses the accrual of the statute of limitations on a claim of inverse condemnation based on nuisance. Wise Bus. Forms, Inc. v. Forsyth Cnty., S22G0874, 2023 WL 6065278 (Ga. Sept.

Wise Bus. Forms, Inc. v. Forsyth Cnty., S22G0874, 2023 WL 6065278 (Ga. Sept. 19, 2023) We granted certiorari in this case to clarify the standards for determining when a claim for inverse condemnation by permanent nuisance accrues for purposes of

Constitutionality of Lactation Consultant Practice Act - Raffensperger v. Jackson, S23A0017, 2023 WL 3727742 (Ga. May 31, 2023) Accordingly, we conclude that (even in the light most favorable to the Secretary) Plaintiffs have met their burden of showing that the

Hall Cnty. v. Cook Communities, A23A0055, 2023 WL 4246126 (Ga. Ct. App. June 29, 2023) The present appeal involves a constitutional attack against conditions that the County attached to the approval of Cook's application to rezone, which essentially amounts to

This opinion is from a closely watched case involving bond validation by a proposed plant by Rivian (an electric vehicle manufacturing plant) in Morgan and Walton Counties. Joint Dev. Auth. of Jasper Cnty. v. McKenzie, A23A0574, 2023 WL 3142214 (Ga.

Annexation - City of Tucker v. City of Clarkston, A23A0511, 2023 WL 4009762 (Ga. Ct. App. June 15, 2023) Here, Clarkston divided the 14-acre parcel into two parts and then de-annexed the contested portion of the property. Meanwhile, HADC, the

Rounds v. Hall Cnty., A22A1584, 2023 WL 2471300 (Ga. Ct. App. Mar. 13, 2023). This case involved a defined benefit plan of the County. Here’s the court’s summary: This is a putative class action lawsuit against Hall County, its Board

Voting Machines - VoterGA v. State, A23A0004, 2023 WL 3963638 (Ga. Ct. App. June 13, 2023) Here, the petitioners argue that, although electors can verify their voting choices on a printed ballot, electors cannot verify whether the corresponding QR Code

Georgia Open Records Act - Augusta Press, Inc. v. Roundtree, A23A0552, 2023 WL 3593300 (Ga. Ct. App. May 23, 2023) An audio/video recording of the county sheriff in a private home in response to a 911 call is required to

In re December 6, 2022 Gen. Election Ballot, S23A0583, 2023 WL 4088745 (Ga. June 21, 2023) Appellants Sarah Thompson, Kevin Muldowney, and Edward T. Metz filed three, virtually identical complaints in their respective counties on December 6, 2022, alleging that

Berlin v. City of Atlanta, A23A0370, 2023 WL 4113323, at *1 (Ga. Ct. App. June 22, 2023) This appeal arises from a dispute over whether the City of Atlanta's Urban Design Commission (“UDC”) properly approved a Certificate of Appropriateness (“COA”)

Thomas v. Henry Cnty. Water Auth., A23A0362, 2023 WL 2983097 (Ga. Ct. App. Apr. 18, 2023)

Sackett v. Envtl. Prot. Agency, 143 S. Ct. 1322 (2023) The CWA's use of “waters” in § 1362(7) refers only to “geographic[al] features that are described in ordinary parlance as ‘streams, oceans, rivers, and lakes’ ” and to adjacent wetlands

Butt v. Kemp, A22A1580, 2023 WL 2493292 (Ga. Ct. App. Mar. 14, 2023) Here’s an excerpt: Specifically, Butt asserts that, under the Open Records Act, the Office of the Governor was required to respond in writing to his June 14

Here's one about the Ex Contractu Clause.  It relies on Georgia v. Fed. Defender Program, Inc., which I sent in an earlier update.   Justice v. Georgia Dep't of Pub. Safety, A23A0160, 2023 WL 4283657 (Ga. Ct. App. June 30, 2023)

An interesting opinion related to a constitutional challenge of the Settlement Act governing the State's opioid settlement.  Hosp. Auth. of Wayne Cnty. v. AmerisourceBergen Drug Corp., S23Q0486, 2023 WL 5337867 (Ga. Aug. 21, 2023) Does [the Hospital Authority] have the legal

Council Member's Libel Per Se Claim Dismissed by Anti-SLAPP Statute - Morgan v. Mainstreet Newspapers, Inc., A23A0464, 2023 WL 3942117 (Ga. Ct. App. June 12, 2023) As discussed above, the trial court properly concluded that Mainstreet's publication fell within the

Municipal Court - Paris v. City of Atlanta, A23A0584, 2023 WL 3880129 (Ga. Ct. App. June 8, 2023) Further, when acting as a committing court or a court of inquiry,4 a municipal court judge “shall have authority to bind over

In this opinion, the Court of Appeals upended a City’s liquidated-damages clause, which is a common provision in construction contracts to address untimely completion of projects.  This case deserves attention, and I’ll provide a blog update on it before long. 

Sprayberry v. Board of Commissioners of Putnam County,, A22A1329 We must “seek to avoid a construction that makes some language mere surplusage.”13 Here, under the plain meaning of its text, § 66-158 allows a variance for an exceptionally narrow, shallow,

Armstrong et al. v. Solicitor-General of Gwinnett County, A22A1537 At issue are a set of cases which, if charged under state statutes, would be tried in Gwinnett State Court but, if charged as ordinance violations, would be tried in Gwinnett