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Supreme Court of Georgia Reverses Order Pertaining to SDS

March 15, 2018
In a decision issued today in the case of City of Union Point v. Greene County, 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 Turner County v. City of Ashburn, 293 Ga. 739 (2013).

The Court also held that the SDS Act provides a limited waiver of sovereign immunity restricted to the claims and remedies set forth in the SDS Act. Holding one or more parties in contempt, assessing costs against a party acting in bad faith, and allowing sanctions to be imposed or suspended while negotiations continue are the exclusive remedies provided to the court for a claim under the SDS Act.

The Court went on to find that the trial court exceeded its authority by enjoining the county from imposing fees on the city for emergency dispatch services and enjoining the county from funding certain services with county revenues from the incorporated areas of the county. Those portions of the trial court’s order were vacated and returned to the trial court for further proceedings.

The full text of the decision is available at this link: https://www.gasupreme.us/wp-content/uploads/2018/03/s17a1878.pdf