The ongoing litigation involving the City of Milton has raised critical legal questions about municipal liability for objects within public rights-of-way—questions that could significantly affect cities across Georgia. Recognizing the potential statewide impact of this case, GMA filed an amicus brief urging the Georgia Supreme Court to review and reverse lower court decisions that could impose significant burdens on municipalities.
The case stems from a tragic single-car accident in which a young driver left the roadway and struck a planter within the right-of-way, resulting in the driver’s death. Despite no prior complaints or incidents involving the planter, the trial court and the Georgia Court of Appeals held Milton largely responsible for its presence. The City of Milton has since appealed the decision to the Georgia Supreme Court, prompting GMA and others to file briefs in support of the appeal.
GMA’s brief highlights major inconsistencies in the appellate court’s ruling and warns of the financial and operational burdens cities could face if the decision is allowed to stand. If upheld, municipalities across Georgia could be forced to remove or relocate countless objects from public rights-of-way, from planters and benches to traffic control boxes and monuments, even if they’ve never been deemed hazardous.
Milton’s appeal has drawn widespread support, with GMA, other cities, and organizations filing amicus briefs advocating for the decision to be overturned. These include Georgia Power, the International Municipal Lawyers Association, the Georgia Electric Membership Corporation, the cities of Johns Creek, Atlanta, and Peachtree Corners, as well as a joint brief submitted by 58 additional cities across Georgia. Together, these groups emphasize the serious statewide consequences of this ruling and the need for a fairer standard of liability.
As the Supreme Court considers this important case, GMA remains committed to standing up for Georgia’s cities, advocating for practical legal standards that protect both municipalities and their residents.