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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.
 
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
U.S. District Court, Northern District of Georgia
Approximately two months before the 2018 Georgia state general election, this Court recognized in its first preliminary injunction order that the State had “stood by for far too long” in failing to address the “mounting tide of evidence of the inadequacy and security risks ...
Jan 10, 2020
Georgia Supreme Court
The Supreme Court of Georgia held that the DeKalb County School District and the DeKalb County Board of Education breached a contract with the District's employees when they ceased employer contributions to the District's 403(b) retirement plan in 2009. The Board had adopted a ...
Oct 21, 2019
Georgia Court of Appeals
In this case the Plaintiffs, as personal representatives of the estate of their son, filed a negligence and wrongful death complaint against the City and the City Clerk (Ms. Starling) after their son died following an altercation with a bouncer at a bar. The City's insurer filed a ...
Oct 21, 2019
Georgia Supreme Court
On October 07, 2019, the Georgia Supreme Court once again returned the case of GeorgiaCarry.org, Inc. et al. v. Atlanta Botanical Gardens, Inc. to the Fulton County Superior Court. At first blush this case appears to turn on second amendment rights. However, at its core, GeorgiaCarry.org ...
Oct 7, 2019
Georgia Court of Appeals
In this case the County plaintiffs brought an action against telecommunication providers alleging that they failed to collect the proper amount of charges from their customers under Georgia Emergency Telephone Number 9-1-1 Service Act (the “Act”). The telecommunication ...
Oct 3, 2019
D.C. Circuit
This case concerns the issue of internet neutrality. The case focused on the Federal Communications Commission (FCC)'s decision in 2017 to rollback its prior 2015 Open Internet Order, thereby reclassifying internet services as an information service rather than as a ...
Oct 1, 2019
Georgia Supreme Court
A county board of tax assessors brought an action seeking declaratory judgment as to the constitutionality of a provision of a state statute governing the application of low-income housing tax credits (LIHTCs) when determining the fair market value of real property. The trial court declared ...
Sep 23, 2019
Georgia Court of Appeals
This case was filed by residents of a subdivision who brought the following claims against the County: (1) negligence of the County to properly oversee the development of the subdivision that violated the County’s own policies; (2) nuisance arising from the County’s failure to ...
Sep 23, 2019
Georgia Court of Appeals
Individuals who were injured when a city dock ramp collapsed brought an action against the mayor and alderman of the city and the transit authority alleging negligence and gross negligence in the maintenance of the dock and in the operation of the ferry. The City moved for summary judgment ...
Sep 23, 2019
Georgia Court of Appeals
Following a guilty plea and conviction in the Dunwoody Municipal Court for violating city ordinance  by performing construction on a residence without a permit, the defendant filed a petition for a writ of certiorari to the superior court claiming that he was denied his right to ...
Sep 6, 2019
11th Circuit
The electric utility brought an action under the Sherman Act and the Clayton Act alleging that a city ordinance requiring new homes or businesses in developments outside the city limits to install gas appliances in order to receive water service from the city constituted an unlawful tying ...
Aug 20, 2019
Superior Court of Gwinnett County
This case relates to of a detention pond and drainage system that serves property owned by the Plaintiff. At the time that the property was being developed, the detention pond and drainage system were "dedicated" to the County. Pursuant to the "dedication” the County ...
Aug 16, 2019
11th Circuit
After receiving authorization from the Alabama legislature, the City of Phenix City adopted an ordinance permitting the city to install and operate red light cameras. The operating scheme would have videos and photos sent to a private company for review which would, in turn, be sent to a ...
Jul 18, 2019
8th Circuit
The Eighth Circuit held that officials of the City of Springdale, Arkansas, were not entitled to either qualified or statutory immunity after they made decisions to release information identifying victims of childhood sexual abuse to the press. In 2006, members of the Duggar family, stars ...
Jul 12, 2019
11th Circuit
The Eleventh Circuit held that a child’s right to not be shot in the leg was not clearly established after a police officer shot the child while attempting to shoot a family dog. Vickers was a deputy sheriff in Coffee County, Georgia when he took part in an operation to apprehend a ...
Jul 10, 2019
2nd Circuit
The Second Circuit held that the President of the United States had acted in a governmental capacity when he blocked users from accessing tweets sent from his Twitter account and that such Twitter account was a public forum. The court did not consider or decide whether an elected official ...
Jul 9, 2019
U.S. District Court, Northern District of Georgia
The Northern District of Georgia allowed a suit to proceed against the City of Doraville in which plaintiffs argued that the city’s “institutional reliance on revenue from fines and fees incentivizes the city to ticket, convict, and fine defendants, regardless of the nature of ...
Jul 9, 2019
11th Circuit
The Eleventh Circuit held that Brevard County's practice of using volunteers for providing invocations at the start of public meetings violated the Establishment Clause of the United States Constitution. The county practice tended to favor monotheistic religions because speakers were ...
Jul 8, 2019
U.S. Supreme Court
The Supreme Court held that Tennessee’s statutory scheme which required a two-year durational-residency for the issuance of an initial retail liquor store license violated the Commerce Clause. Persons and companies wishing to operate retail liquor stores required applicants for an ...
Jun 26, 2019
Georgia Court of Appeals
The Georgia Court of Appeals held that the evidence presented in criminal trial was insufficient to support a finding that coin operated amusement machines (COAMs) from the defendant’s business had been converted into commercial gambling devices. Bartlett owned a restaurant in Byron ...
Jun 25, 2019
Georgia Court of Appeals
The City of Jackson (“the City”) filed a petition against Central Georgia Electric Membership Corporation (“Central Georgia”) with the Georgia Public Service Commission (“the Commission”) requesting a ruling that the City, and not Central Georgia, had the ...
Jun 25, 2019
Georgia Supreme Court
Sovereign immunity does not bar suits between political subdivisions of the state, such as cities and counties, according to the Supreme Court of Georgia. Hartsfield-Jackson Atlanta International Airport (Airport) is owned and operated by the City of Atlanta but is located in Clayton County ...
Jun 24, 2019
U.S. Supreme Court
The Supreme Court held that a property owner has an actionable Fifth Amendment takings claim after a landowner brought a Section 1983 action against the Township of Scott alleging that an ordinance authorizing officials to enter upon any property within the township to determine the ...
Jun 21, 2019
U.S. Supreme Court
The United States Supreme Court held that a 32-foot tall Latin cross located in a public park did not violate the Establishment Clause of the Constitution. In 1925, shortly after the end of World War I, the cross was built using private funds on private land in Bladensburg, Maryland, to ...
Jun 20, 2019
U.S. District Court, Eastern District of Missouri
Dixon and others were detained in St. Louis jails after arrest. When a person is arrested in St. Louis a bond commissioner employed by the city makes a recommendation to a judge to set bond to secure the arrestee’s court appearance. In making the recommendation, the commissioner ...
Jun 11, 2019