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Legal Database

About
The Legal Database is a compilation of state and federal court cases, as well as Federal administrative rulings and Georgia Attorney General opinions. The cases, rulings and opinions cited impact, or have the potential to impact, the operation of Georgia's municipal governments.

The contents of GMA's quarterly publication, "Legal Briefs", are archived in this database.
CONTACT
For questions regarding the legal database, please contact Senior Associate General Counsel Rusi Patel at 678-686-6210.
DISCLAIMER
The write-ups contained in this database are provided for educational purposes only and are not intended to be legal advice. Consult with your city attorney to obtain legal advice about a proposed course of action.
Case Name
Court
Summary
Decision Date
11th Circuit
Oconee County denied a special use permit to Verizon to build a nearly 200 foot tower. Verizon sued and the district court dismissed the case as time-barred finding that the 30 day period to file suit began when the county clerk entered a document evidencing the county commission&rsquo ...
Apr 2, 2018
Georgia Supreme Court
The Supreme Court of Georgia reversed the order of the trial court that found portions of the Service Delivery Act (SDS Act) unconstitutional. Specifically, the Court found that the judicial dispute resolution process was constitutional and rejected the trial court’s reliance on ...
Mar 15, 2018
6th Circuit
The Sixth Circuit held that police officers and the City of Columbus did not violate Thornton's constitutional rights when he was shot by police officers. Thornton had called police on a non-emergency call after spotting two young black males he believed had been involved in an assault ...
Mar 14, 2018
10th Circuit
The Tenth Circuit held that a former county employee had failed to state a claim for relief under Section 1983 in his suit claiming that he was fired in retaliation for his speech on matters of public concern. Trimble began working for Tulsa County in 1991 and became the IT Manager for the ...
Mar 14, 2018
5th Circuit
The Fifth Circuit upheld a State of Texas law which forbid "sanctuary city" policies by prohibiting local governments from limiting cooperation with federal immigration enforcement and requiring local governments to comply with Immigrations and Customs Enforcement (ICE) detainer ...
Mar 13, 2018
11th Circuit
The Eleventh Circuit held that three Atlanta police officers were entitled to qualified immunity on a plaintiff's Section 1983 claims and to official immunity on the plaintiff's state law claims. Gates participated in a march in downtown Atlanta to protest a police shooting which ...
Mar 13, 2018
7th Circuit
Rosenberg, a former Vice President of Sales and Marketing with Redflex Traffic Systems, Inc. attempted to obtain a share of the proceeds Redflex paid to the City of Chicago to settle a fraud against the city through a qui tam action. Redflex had a contract with the city which was ...
Mar 12, 2018
11th Circuit
The Eleventh Circuit held that a suspect was not under arrest when an officer trained his gun on him and thus he was precluded from pursuing a Section 1983 false arrest claim and that the officer did not use excessive force when he fatally shot the suspect. Shaw, an elderly mentally ill man ...
Mar 7, 2018
Superior Court of DeKalb County
The Superior Court of DeKalb County ruled that the City of Brookhaven's attempt to condemn 19 acres of property to place within a planned greenway was a bad faith deal. The city had sought to condemn the property to create a trailhead for a new park and trail system in the city. The ...
Feb 27, 2018
5th Circuit
A number of plaintiffs brought a class-action lawsuit against Harris County, Texas and a number of its officials, including judges, for alleged violations under Section 1983. The class plaintiffs alleged that the county's system of setting bail for indigent misdemeanor arrestees ...
Feb 14, 2018
Georgia Supreme Court
The Supreme Court of Georgia held that Garden City was free from liability to any person injured on the city's property who was allowed to use the property for recreational purposes free of charge under the Recreational Property Act (RPA). The Harris family chose to attend a youth ...
Jan 29, 2018
11th Circuit
Dontrell Stephens was shot multiple times by Palm Beach County Deputy Sheriff Lin and, as a result, suffered permanent paralysis. An action was brought by Stephens and his guardian, Simmons, again Lin as an individual and Sheriff Bradshaw in his official capacity. The district court granted ...
Jan 10, 2018
10th Circuit
The 10th Circuit reversed a grant of a preliminary injunction against policies and regulations governing protests and demonstrations at the Denver International Airport enacted by the City and County of Denver. The Denver Municipal Code governs all speech activity at the airport and ...
Jan 4, 2018
Georgia Court of Appeals
The Court of Appeals of Georgia held that the Georgia Zoning Procedures Law provided for procedures to address alleged issues with the adoption of a new zoning code, including affording the general public due process. Plaintiffs were citizens and taxpayers of the City of Roswell, owning ...
Dec 27, 2017
U.S. District Court, Northern District of Georgia
The United States District Court for the Northern District of Georgia held that a group of plaintiffs who had filed suit challenging two policies of the City of LaGrange regarding the provision of municipal utilities did not have standing to plead discriminatory conduct that preceded or was ...
Dec 7, 2017
Georgia Court of Appeals
The Georgia Court of Appeals held that there were genuine issues of material fact as to whether a contractor and Fulton County complied with a contracted written change order policy. As a result, the court held that granting summary judgment to the contractor based upon a waiver of ...
Nov 15, 2017
Georgia Court of Appeals
The Georgia Court of Appeals held that the the limitations period of contesting an action of a public agency of 90 days does not apply to actions seeking declaratory relief, injunctive relief, attorney feesm and civil penalties. In late 2012 and early 2013, the Paulding County Airport ...
Nov 14, 2017
Georgia Supreme Court
The Supreme Court of Georgia held that when a landowner claims a city has caused harm through a particular zoning classification, inverse condemnation is not an available remedy for the landowner unless he or she can meet the separate requirements for such inverse condemnation claim ...
Nov 2, 2017
Georgia Supreme Court
The Georgia Supreme Court held that an open records requestor was not required to show that a government agency was involved with certain transactions in order to be entitled to compliance with the open records request. Northside Hospital was created when a government agency entered into a ...
Nov 2, 2017
Georgia Supreme Court
The Georgia Supreme Court held that the City of Marietta failed to comply with a statutory requirement that it provide an appraisal summary to a landowner prior to the initiation of condemnation negotiations and such failure required a dismissal of the condemnation petition. The City of ...
Oct 30, 2017
Georgia Supreme Court
The Supreme Court of Georgia held that a city's denial of a property owner's request to replace an existing mobile home wiht a new one did not unconstitutionally violate the owner's rights and that the city's zoning ordinance which prohibited mobile homes did not constitute ...
Oct 30, 2017
Georgia Court of Appeals
The Georgia Court of Appeals held that a zoning ordinance enacted by Morgan County in 2010 prohibited May from using her vacation home as a short-term rental but that the trial court had not addressed May's alternative theory that the zoning ordinance was unconstitutionally vague, and ...
Oct 20, 2017
Georgia Supreme Court
The Supreme Court of Georgia held that a landowner who purchased property after a zoning regulation went into effect still had standing to challenge the constitutionality of the zoning regulation. Kammerer Real Estate Holdings, LLC (Kammerer) owned property in Forsyth County and wanted to ...
Oct 16, 2017
Georgia Supreme Court
The Supreme Court of Georgia held that two bond validation orders did not conclusively determined, under Georgia law, that a hospital authority's leasehold interest in public property exempted them from ad valorem taxation. In 2004 the Columbus Regional Healthcare System, Inc. (Columbus ...
Oct 16, 2017
Georgia Supreme Court
The Georgia Association of Professional Process Servers sought mandamus, declaratory judgment, and injunctive relief against a number of sheriffs after alleging that the sheriffs had conspired to prevent the use of certified process servers statewide and had failed to consider petitions to ...
Oct 16, 2017