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Full-Text Articles in State and Local Government Law
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.
Zoning And Land Use Law, Newton M. Galloway, Steven J. Jones, Joshua Williams
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
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.
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
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 …