Justia Georgia Supreme Court Opinion Summaries

In March 2011, the Chief Judge of the Clayton Judicial Circuit, at the request of the Clayton County District Attorney, issued an order authorizing the impaneling of a special purpose grand jury to investigate certain alleged public corruption. The special purpose grand jury issued subpoenas to various witnesses, including appellee John Lampl, who testified before it in June 2011. In July 2011, the special purpose grand jury returned a 16-count bill of indictment against Lampl on charges of conspiracy in restraint of free and open competition, false statements and writings, and perjury. The indictment was subsequently nolle prossed in the aftermath of the Court of Appeals’ holding in "Kenerly v. Georgia," (715 SE2d 688) (2011)), that the authority of a special purpose grand jury is limited to conducting investigations and does not include the power to issue indictments. Shortly thereafter, in September 2011, Lampl was indicted by a regular Clayton County grand jury on eight counts, including one perjury count, similar to those charged in the special purpose grand jury’s initial indictment. The conspiracy and false statements counts all pertain to alleged conduct by Lampl in his capacity as City Manager for the City of Morrow, in connection with a City real estate development project known as "Olde Towne Morrow." The Georgia Supreme Court granted the State’s petition for a writ of certiorari in this case to determine whether the Court of Appeals properly affirmed the superior court’s order dismissing a particular count of the indictment and suppressing statements made by the defendant before the special purpose grand jury. While the Supreme Court agreed with the superior court’s conclusion that the special purpose grand jury exceeded the scope of its authority in its investigation, the Court held that the relief granted was improper. The Court therefore reversed. View "Georgia v. Lampl" on Justia Law

Pursuant to a contract with the Greene County Board of Education, Lake Oconee Academy, Inc. operated a public charter school. The Greene County Development Authority proposed to issue $14 million in revenue bonds to finance a new facility for the school. The Authority entered into an intergovernmental agreement with Greene County whereby the Country contracted to pay the Authority towards the indebtedness on the bonds. The County contemplated those amounts would be paid for by raising an ad valorem tax. The Authority also proposed a lease agreement with the Academy, whereby the Academy would have use of the facility so long as there was indebtedness outstanding. The State filed a petition to validate the bonds, and several Greene County residents intervened to object to the validation. After a hearing, the trial court refused validation on several grounds. The County, Authority and Academy appealed. "The trial court here did not explain in its order exactly why it found that the proposal was not sound, feasible, and reasonable, but the appellants do not appear to have asked for any detailed explanation of that finding, and we can glean from the record some concerns about the proposal that the trial court may have had.[ . . .] the record permitted the trial court to find that the proposal was not sound, feasible and reasonable," and for that reason, the Supreme Court could not say that the trial court erred when it refused to validate the bonds. Accordingly, the Supreme Court affirmed the trial court's judgment. View "Greene County Development Authority v. Georgia" on Justia Law

The issue this appeal presented for the Supreme Court's review centered on a superior court's validation of roughly $200 million in municipal bonds (the "2014 NSP Bonds") that were to be issued by the Atlanta Development Authority d/b/a Invest Atlanta ("Invest Atlanta"). Invest Atlanta and the Geo. L. Smith II Georgia World Congress Center Authority (collectively, the "New Stadium Entities") proposed to have the 2014 NSP Bonds issued for the purpose of funding a portion of the cost of developing, constructing, and operating a new stadium facility in downtown Atlanta for the Atlanta Falcons professional football team. Additional funding for the NSP would have been provided by the Atlanta Falcons Stadium Company, LLC ("StadCo"), a company associated with the Atlanta Falcons Football Club, LLC, as well as through the sale of personal seat licenses. On February 4, 2014, the State filed a Petition for Bond Validation in the superior court to authorize the issuance of the 2014 NSP Bonds. Several individuals moved to intervene in the proceedings to file objections to the bond validation, and the trial court allowed them to do so. Among other things, the intervenors contended that OCGA 48-13-51 (a) (5) (B) was an unconstitutional special law. The trial court ultimately entered a Validation Order and Final Judgment validating the 2014 NSP Bonds and overruling all objections. One of the intervenors appealed that ruling. However, finding no reversible error in the trial court's judgment, the Supreme Court affirmed. View "Cottrell v. Atlanta Dev. Authority" on Justia Law

The Supreme Court granted appellant Paul Kanitra’s application to address whether, as a holdover member of the City of Greensboro Planning and Zoning Board (the “Board”), he could only be removed for cause or whether the City Council of the City of Greensboro had the authority to replace him with a successor without regard to cause. After review, the Supreme Court concluded (as did the trial court) that the City Council had authority to appoint someone to replace appellant without regard to cause. View "Kanitra v. City of Greensboro" on Justia Law

Lucious Primas was injured while driving a prison work-detail van owned by the City of Milledgeville. The van was leased to the Georgia Department of Corrections but pursuant to contract, the City was responsible for maintaining the vehicle and purchasing insurance policies. On the day of the accident, as Primas approached an intersection, the brake line failed. Primas was able to steer the car off the road, but he was injured when he collided with a utility pole. Primas sued the City, alleging it was negligent by failing to inspect and maintain the vehicle’s brake lines. The trial court denied the City’s motion for summary judgment in which it claimed the maintenance and inspection of a brake line was a discretionary act for which its sovereign immunity had not been waived. The Court of Appeals reversed, holding that Primas’ claim against the City was barred under the doctrine of sovereign immunity because the alleged negligent act was a discretionary act for which sovereign immunity had not been waived under Georgia law. Because the Supreme Court found that the proper analysis was not applied, it vacated the Court of Appeals' decision and remanded the case for reconsideration. View "Primas v. City of Milledgeville" on Justia Law

James Whitfield filed suit against the City of Atlanta and Secure Parking Enforcement, LLC (SPE) after his car was booted in Northeast Atlanta while illegally parked in a lot reserved for customers of a dry cleaning business. In his complaint, Whitfield sought a declaration that the City ordinance authorizing and regulating vehicle immobilization was unconstitutional and that the practice of booting was thus unlawful. In the alternative, Whitfield contended that the signage in the parking lot where SPE had booted his car failed to comply with certain specifications prescribed in the immobilization ordinance, thus entitling him to recover as damages the cost of removing the immobilization device. The trial court granted the City's motion to dismiss and ordered SPE, whose answer had been filed by its owner (a non-lawyer), to obtain counsel by a certain date. When SPE failed to do so, the trial court struck SPE's answer and entered a default judgment against SPE for the cost of removing the boot plus court costs. The trial court rejected Whitfield's contention that the ordinance was unconstitutional. Despite prevailing on his damages claim, Whitfield appealed, contending that the trial court erred in dismissing the City from the suit, and determining that the vehicle immobilization ordinance was constitutional. After review, the Supreme Court concluded the trial court erred by not considering the merits of Whitfield's constitutional challenge. The Court vacated that portion of the trial court's judgment, but affirmed in all other respects. View "Whitfield v. City of Atlanta" on Justia Law

East Georgia Land and Development Company, LLC sued Newton County and several of its officers for a writ of mandamus, arguing that a zoning ordinance adopted by the County in May1985 was invalid. The trial court agreed that the zoning ordinance is invalid, it awarded summary judgment to East Georgia. The County appealed. The zoning ordinance at issue referred to (and purported to incorporate by reference) a set of maps identified in the ordinance as the "Official Zoning District Maps for Newton County." These maps are an integral part of the zoning ordinance. The only such maps that appeared in the record, however, were adopted by the County on July 2, 1985, and nothing in the record showed that those maps even were in existence in May 1985. "A map not yet in existence cannot have been 'made a public record' and certainly is not 'accessible to members of the public who are, or may be, affected by it.'" The trial court found, and as a result, concluded that the ordinance was void at the moment of its enactment. The Supreme Court saw no error in the findings of the trial court on this point, nor in its conclusion that the ordinance was void from its inception. View "Newton County v. East Georgia Land & Development Cp., LLC" on Justia Law

At issue in this case was an “ante litem notice.” Kimberly Myers arrived for class at Dalton State College and allegedly stepped on the edge of an unrepaired pothole in the parking lot and was injured. She received emergency medical treatment that day, had follow-up orthopedic doctor visits, and began physical therapy. Myers sent an ante litem notice to the Georgia Department of Administrative Services, stating she intended to sue the Board of Regents for negligence based on the allegedly unsafe condition of the parking lot that led to her fractured left ankle and torn tendons. Under a provision of the Georgia Tort Claims Act, the State government may not be sued in a civil action without first being given notice of the claim. In her ante litem notice, Myers’ attorney provided details of what had happened to her and stated: “The amount of Ms. Myers’ loss is yet to be determined as she is still incurring medical bills and does not yet know the full extent of her injury.” The question in this case centered on whether the language in the ante litem notice was a sufficient statement of the amount of loss claimed. The Supreme Court concluded the trial court correctly recognized Myers "failed entirely to comply with a requirement despite having knowledge.” View "Board of Regents of the University System of Georgia v. Myers" on Justia Law

In 2010, Judge C. Donald Peppers, Sr. was reelected to the State Court of Walker County for a term of office from Jan. 1, 2011 through Dec. 31, 2014. Peppers decided to retire after the term began, effective June 30, 2011. On Oct. 3, 2011, the governor appointed Bruce Roberts for the remainder of Judge Peppers' term. On Sept. 30, 2011, prior to taking office, Roberts met with Bebe Heiskell, the sole Commissioner of Walker County, to discuss his salary. Heiskell explained that $60,000 was the minimum salary set by local statute but she didn’t want him to make less than he was presently earning. She asked Roberts what he currently made; he said $94,000; and she said she would start him at $100,000. He asked for $110,000 but she said budget constraints would prevent that. Roberts claims he never agreed to this salary and objected to it several times, recognizing that Peppers had earned $172,102.80. Roberts was sworn into office on Oct. 3, 2011 and had to run for election in the nonpartisan primary in July 2012, but he lost, meaning that his term of office was set to end Dec. 31, 2012. Following his defeat, Roberts sued Heiskell and Walker County, seeking a “writ of mandamus” to force the County to pay him $89,881.88 for the difference between what it would have paid Peppers and what it had paid him. The Supreme Court concluded the trial court erred in concluding that Roberts was entitled to the same compensation his predecessor received because he had been appointed to the previous judge’s “unexpired term:” “[u]nlike persons appointed to fill vacancies in most other public offices, appointees to state, superior, and appellate judgeships do not serve out the ‘unexpired term’ of their predecessors.” Roberts relied on cases involving the salaries of magistrate judges who were appointed to fill vacancies. Roberts did not be View "Heiskell v. Roberts" on Justia Law

The Georgia Department of Corrections (GDOC) entered into a construction contract with Lewis Walker Roofing (Walker Roofing) to re-roof several buildings at Valdosta State Prison. The Contract contained two “no assignment” clauses, and as a prerequisite to contracting with GDOC, Walker Roofing was required to obtain payment and performance bonds. It obtained such payment and performance bonds from Developers Surety and Indemnity Company. Walker Roofing did not complete its work within the time frame required by the Contract, and GDOC declared Walker Roofing in default. Developers Surety did not notify GDOC within 25 days of receipt of GDOC's notice of default regarding whether it would remedy the default or perform the contract. However, approximately three months after the declaration of default, Developers Surety gave GDOC the option of entering into a contract with another company for the completion of the work. GDOC then contracted with that company to finish the project. Under the payment and performance bonds and prior to Walker Roofing's default, Developers Surety had provided financial assistance to Walker Roofing. Developers Surety filed suit against GDOC for breach of contract and for a declaratory judgment that it had no obligation under the payment and performance bond it issued to Walker Roofing on behalf of GDOC. GDOC filed a counterclaim for breach of contract. The parties filed cross-motions for summary judgment, and the trial court determined that Developers Surety's claims were not barred by sovereign immunity and that GDOC had breached the construction contract as a matter of law. It concluded that GDOC waived its sovereign immunity by entering into the contract with Walker Roofing, and that the doctrine of equitable subrogation gave Developers Surety the ability to file suit against GDOC once it incurred liability and paid the obligations of its principal under the bond. Consequently, the trial court granted summary judgment to Developers Surety and denied it to GDOC; in the same order, the trial court entered judgment in favor of Developers Surety in the amount equal to the "financial assistance" Developers Surety provided to Walker Roofing. The Supreme Court granted certiorari to the Court of Appeals to consider whether the State’s sovereign immunity was waived for the claim Developers Surety made on its contract with the State. The Supreme Court found that immunity was indeed waived in this instance, and accordingly, it affirmed the judgment of the Court of Appeals. View "Georgia Dept. of Corrections v. Developers Surety & Indemnity Co." on Justia Law