Law Commons^™

Actions Speak Louder Than Words: The Supreme Court Of Georgia Textualizes “Action” In The Georgia Constitution, Abigail C. Letts

Mercer Law Review

It comes as no surprise to those tuned into Georgia jurisprudence—textualism has taken root in the Supreme Court of Georgia. Since a series of holdings in the late twenty-tens including Olevik v. State, Georgia courts have produced a steady stream of decisions committed to pointing legal interpretation back to the intent of the framers. At first glance, the court’s proclamation in State v. SASS Group, LLC that “action” as it is used in Article I, Section II, Paragraph V(b) of the Georgia Constitution refers to an entire lawsuit appears simply to be another instance of the court’s staunch commitment …

Zoning And Land Use Law, Newton M. Galloway, Steven J. Jones, Joshua Williams

Mercer Law Review

Each annual survey of Georgia zoning and land use law since 2017 has chronicled judicial decisions ostensibly intended to transform legislative zoning decisions into quasi-judicial actions. These include City of Cumming v. Flowers, in which the Supreme Court of Georgia held a local government variance decision, and any other zoning or entitlement decision tightly controlled by the local ordinance, is quasi-judicial and may only be appealed by writ of certiorari, regardless of the mechanism for appeal set out in the local government’s ordinance; York v. Athens College of Ministry, Inc., in which the Court of Appeals of Georgia …

Local Government, Jacob Stalvey O'Neal

Mercer Law Review

This Article surveys a selection of noteworthy cases involving local government that Georgia courts decided between June 1, 2022 and May 31, 2023.

Confederate Standoff: The Georgia Supreme Court Clarifies Standing Requirements In Sons Of Confederate Veterans V. Henry County Board Of Commissioners, Clay Wright

Mercer Law Review

The Supreme Court of Georgia’s ruling in Sons of Confederate Veterans v. Henry County Board of Commissioners marks a transformative moment in the evolution of Georgia’s standing doctrine. The case delves into the dimensions of standing in Georgia courts, specifically addressing whether community stakeholders, such as citizens, residents, taxpayers,and voters, must prove an individualized injury to establish standing when raising a general grievance against their local government.

Commissioners Shoot For The Moon, Citizens Land Among The Stars: The Supreme Court Of Georgia Affirms Citizen Referendum Power In Camden County V. Sweatt, J. Bailey Hotard

Mercer Law Review

Georgia citizens possess few direct democratic mechanisms to check the power of their local governments. One available tool is the referendum power proscribed by the Home Rule Provision of the Constitution of the State of Georgia. Under this provision, county and municipal citizens may petition their local governing authorities for referendum when a legislative decision is largely unpopular. Relying on originalism and textualism, the Supreme Court of Georgia interpreted the Home Rule Provision broadly in Camden County v. Sweatt, a decision than ran counter to a twenty-five-year precedent. This court’s recent interpretation of the Home Rule Provision allows citizens …

Georgians “Waive” Goodbye To The Prospect Of Full Compensation In Car Wrecks Caused By Municipalities: Automatic Governmental Immunity Waiver’S Interplay With Liability Insurance, W. Jackson Latty

Mercer Law Review

Arguably two of the most axiomatic interests the Georgia legislature must consider when enacting laws are the interests of local governments to carry out public works and individual citizens’ abilities to seek full and adequate relief when they have been injured by the wrong of another. For example, although police officers generally enjoy immunity for acts performed in their official capacity, there is also a compelling government interest in allowing individuals to recover for a police officer’s negligent or reckless conduct, recoveries which often repay local hospitals or government insurance systems for treatment otherwise covered by taxpayer dollars. These two …

Local Government, Russell A. Britt, Jennifer D. Herzog, Nick Kinsley, Jacob Stalvey O'Neal, Pearson K. Cunningham, Stuart Sumner, Rebekah Ditto, Philip E. Friduss

Mercer Law Review

No abstract provided.

Local Government, Russell A. Britt, Kelsey L. Kicklighter, Jennifer D. Herzog, Nick Kinsley, Jacob Stalvey O'Neal, Pearson K. Cunningham, Philip E. Friduss

Mercer Law Review

This Article addresses selected opinions and legislation of interest to the local government laws issued during the Survey period of this publication.

Should Technology Be Trusted? The Detrimental Role Of Video Footage In A Qualified Immunity Analysis, Shreya H. Shah

Mercer Law Review

Mr. Sureshbhai Patel, an Indian grandfather, experienced a traumatic encounter with law enforcement while walking peacefully in his neighborhood. During the encounter, the officer used excessive force and rendered Patel forever partially paralyzed. Confident in the fact that two dashboard cameras equipped with audio and video capabilities captured the incident, Patel introduced the footage to the court. Despite overcoming qualified immunity on summary judgment, Patel’s hopes that the footage would provide clear and accurate imaging of the incident quickly faded away. Whether using a body camera, dashboard camera, bystander cell phone, or an affixed video surveillance camera, these devices are …

Local Government Law, Russell A. Britt, Kelsey L. Kicklighter, Jennifer D. Herzog, Nick Kinsley, Jacob Stalvey O'Neal, Pearson K. Cunningham, Philip E. Friduss

Mercer Law Review

Interesting developments on the application of sovereign immunity continued during this survey period. In City of College Park v. Clayton County, the Georgia Supreme Court addressed whether sovereign immunity bars suits between political subdivisions of the state, such as counties and cities, and concluded that it does not. The case involved taxation of alcoholic beverages at Hartsfield-Jackson Atlanta International Airport. The airport is located primarily within Clayton County, while some of the businesses located within the airport are located in unincorporated sections of the county and other businesses are located within the incorporated limits of the City of College …

A Lottery Ticket Is An Express Written Contract And The General Assembly Waived Their Own Instrumentality From Sovereign Immunity!, Forrest F. Schrum Iv

Mercer Law Review

The creation of an express written contract occurs every day. These are contracts documented on an instrument where two parties agree to performing certain actions or preventing a party from performing, and they allow these parties to be liable to the other if one were to breach the contract. For an express written contract, the right to sue for breach of contract is so vital that when the General Assembly created the Georgia Constitution, a clause was added that precludes Georgia and all entities/instrumentalities within, to use sovereign immunity to avoid litigation. If Georgia or the entities/instrumentalities of the state …

Local Government Law, Russell A. Britt, Michael C. Pruett, Jennifer D. Herzog, Brittanie Browning, Jacob Stalvey O'Neal, Pearson Cunningham

Mercer Law Review

Another banner year for local governments. A gubernatorial veto preserves, for now, the Georgia Supreme Court’s decision in Lathrop v. Deal that held sovereign immunity bars declaratory and injunctive relief claims against the state, including challenges to constitutionality under the state constitution. In the world of tax, some clarification on appraisal methodologies feature alongside cases notable for their unique procedural postures. A Georgia Supreme Court decision fleshes out what is required for a “meaningful” hearing to be afforded under zoning procedures law. Last year’s developments in the Open Meetings and Open Records Acts continue to bear fruit, and statutory construction …

A Look Back At Reed V. Town Of Gilbert, Newton M. Galloway, Steven L. Jones

Mercer Law Review

Three years have passed since the Supreme Court of the United States invalidated the Sign Code enacted by the Town of Gilbert, Arizona (the Town), and virtually every other sign ordinance enacted by local governments across the country. Reed v. Town of Gilbert arose when the Town determined that temporary signs advertising the place and time of the transient Sunday services conducted by the Good News Community Church (the Church), led by Pastor Clyde Reed, violated its Sign Code. The Church was cited for Sign Code violations, and the Church challenged the Sign Code on constitutional grounds in the United …

What's The "Use": Vehicle Maintenance Liability Barred By Sovereign Immunity Amendment Intended To Promote Waiver, Clayton Kendrick

Mercer Law Review

Local government is an active participant in most communities. It picks up trash weekly, keeps tap water clean, and keeps citizens safe. Local government is the cog that keeps communities running smoothly, and as such, is afforded certain protections. One of those protections is the protection from lawsuits brought by citizens. This is known as the doctrine of sovereign immunity. While local government reaches out into the community to keep citizens comfortable and safe, sovereign immunity keeps citizens from reaching in and exposing the government to liability. At times, however, these protections can seem unjust. In 2002, the Georgia General …

Local Government Law, Ken E. Jarrard

Mercer Law Review

During the survey period, the Georgia Supreme Court and the Georgia Court of Appeals examined the applicability of statutory ante litem notice in the context of whistleblower actions against municipalities, while the Georgia Court of Appeals reaffirmed strict compliance in assessing the sufficiency of ante litem notice presented to departments of the state under the Georgia Tort Claims Act (GTCA).

Local Government Law, Ken E. Jarrard

Mercer Law Review

No abstract provided.

Local Government Law, Ken E. Jarrard

Mercer Law Review

No abstract provided.

A Taxing Exception: Southern Lng, Inc. V. Macginnitie'S Narrow Interpretation Of The Mandamus Exemption, Laura K. Dibiase

Mercer Law Review

At a quick glance, a writ of mandamus seems fairly straightforward: a court can compel a public official to perform a legal duty unless other specific legal remedies are available to enforce that legal right. Throughout the history of mandamus, courts have had to determine whether an alternative legal remedy is available, and if so, whether it would preclude a writ of mandamus. In particular, a long series of Georgia cases have addressed whether an appeal to a county's board of equalization (BOE) is an adequate alternative remedy. The recent Georgia Supreme Court case Southern LNG, Inc. v. MacGinnitie (Southern …

Local Government Law, Kirk Fjelstul

Mercer Law Review

This Article reviews Georgia appellate decisions presenting new or instructive issues related to local government law during the survey period from June 1, 2013 to May 31, 2014.

Local Government Law, Kirk Fjelstul

Mercer Law Review

This Article reviews Georgia appellate decisions presenting new or instructive issues related to local government law during the survey period from June 1, 2012 to May 31, 2013.

Local Government Law, Kirk Fjelstul, James E. Elliott Jr.

Mercer Law Review

This was another active year of litigation by, for, against, within, and between local governments. The Article that follows includes appellate decisions with unique, new, or instructive issues.

Local Government Law, Ken E. Jarrard

Mercer Law Review

No abstract provided.

Local Government Law, James E. Elliott Jr.

Mercer Law Review

Because each and every tort occurs somewhere "in a county" and frequently "within the city limits," local governments often find themselves to be reluctant guests in the litigation resulting from such events. Likewise, citizens and public sector employees seem less hesitant to fight city hall than in days past. For these reasons (and others), litigation involving municipalities, counties, and their related entities enjoyed another banner year in Georgia, affording multiple opportunities for the appellate courts to establish new rules of law in the area or to reaffirm (and, occasionally, fine-tune) long-standing rules.

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Davené D. Walker, Kelley B. Gray

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law handed down by Georgia appellate courts between June 1, 2008 and May 31, 2009. The cases surveyed fall primarily within five categories: (1) zoning; (2) condemnation; (3) nuisance and trespass; (4) easements and restrictive covenants; and (5) miscellaneous.

Local Government Law, R. Perry Sentell

Mercer Law Review

This particular [City Commission] meeting had drawn on for quite some time, until it was getting fairly late. We heard someone knocking very rapidly on the plate glass window. As I turned around, I observed an elderly woman, the wife of the Mayor. The Mayor appeared to ignore his wife and continued to conduct the meeting. Not getting any response from her knocking, the wife then walked into the building, grabbed the Mayor by the arm, and scolded him that it was ridiculous that the City Commission was meeting so late at night. "You," she informed the Mayor, "are going …

Daimlerchrysler V. Cuno: The Supreme Court Hits The Brakes On Determining The Constitutionality Of Investment Incentives Given By States To Corporate America, Jonathan Edwards

Mercer Law Review

In DaimlerChrysler Corp. v. Cuno, the United States Supreme Court, under the pen of Chief Justice Roberts, unanimously held that state taxpayers did not have Article III standing to challenge local property tax abatements and investment tax credits given to DaimlerChrysler Corporation ("Daimler"). Claiming standing as municipal and state taxpayers, the plaintiffs challenged the City of Toledo and the State of Ohio's decisions to offer Daimler certain exemptions from and reductions of its local property and state franchise taxes. The Court held that the plaintiffs failed to satisfy the injury-in-fact and redressability requirements of standing because their alleged injury …

Local Government Law, R. Perry Sentell

Mercer Law Review

In the early 1950's, condemnation was rare and political suicide. A popular limited access road was being delayed by a farmer. When the State survey crew showed up, the farmer was standing at a fence with his shotgun. He never moved, but the survey crew would not go beyond the fence.

After the Attorney General, District Attorney, and Sheriff failed, the assignment devolved to the County Attorney. I walked up to the fence. "John, we have known each other a long time." "You take one step further," replied the farmer, "and we will not know each other for a longer …

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Victor A. Ellis, Amitabha Bose, Joseph L. Cooley

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law handed down by Georgia appellate courts between June 1, 2005 and May 31, 2006. The cases surveyed fall primarily within five categories: (1) condemnation, (2) restrictive covenants, (3) easements, (4) zoning, and (5) miscellaneous.

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

As a county attorney, I was involved in a zoning case.... One day, ... the judge summoned all of us to his chambers for a conference concerning the case. As we sat around his conference table, his law clerk brought in the accumulated papers in the case. The papers were then placed in two stacks: one stack originating from the landowner's attorneys, and the other from us. The judge then brought out a ruler and measured the two stacks. He then turned to the landowner's attorney and said, "Mr. Attorney, you have exceeded 12 inches. I will receive and consider …

Appellate Conflicts In Local Government Law: The Disagreements Of A Decade, R. Perry Sentell Jr.

Mercer Law Review

In awesome solemnity, Chief Justice John Marshall thundered in 1803, "[i]t is emphatically the province and duty of the judicial department to say what the law is." Marshall's historic declaration has borne both lavish praise and unstinting criticism, and it serves as the commonly understood sentiment underlying the legal order of our country. At both federal and state levels, the "judicial department" rules our daily lives by virtue of saying "what the law is."

At the state level, constitutions and statutes typically establish a judicial branch of government and populate that branch with all manner of courts-local, trial, and appellate. …