Justia Government & Administrative Law Opinion SummariesArticles Posted in Supreme Court of Georgia
San Miguel Produce, Inc. v. L.G. Herndon, Jr. Farms, Inc.
The United States District Court for the Southern District of Georgia certified three questions to the Georgia Supreme Court regarding the scope of the Georgia Dealers in Agricultural Products Act, Ga. L. 1956, p. 617 (codified as amended at OCGA sections 2-9-1 to 2-9-16) (“the Act”). At issue was the effect of the Act’s provisions upon contracts entered into by an agricultural products dealer that failed to obtain a license from the Georgia Commissioner of Agriculture: in this case, a contract entered into between San Miguel Produce, Inc. (“San Miguel”), a California corporation, and L. G. Herndon Jr. Farms, Inc. (“Herndon Farms”), a Georgia corporation. The Supreme Court concluded: (1) an entity as described by the district court did qualify as a dealer in agricultural products under the Act and was not exempt under OCGA 2-9-15 (a) (1), with the limited exception of specific transactions “in the sale of agricultural products grown by [itself];” (2) the Act’s licensing requirements were part of a comprehensive regulatory scheme in the public interest and not merely a revenue measure; and (3) if a dealer has failed to obtain a license as required by OCGA 2-9-2, it may not recover under a contract to the extent that the contract relates to business coming within the terms of the Act. View "San Miguel Produce, Inc. v. L.G. Herndon, Jr. Farms, Inc." on Justia Law
Georgia v. Rowe
Donnie Rowe, Jr. was accused of double murder during a prison escape. In the pending death penalty prosecution of Rowe, the trial court directed that all records of visits from Rowe’s defense team to various prisoners be placed under seal in the legal department of the Department of Corrections, rather than being maintained in the individual inmates’ files. The DOC argued that order was void because the trial court lacked the inherent authority or personal or subject matter jurisdiction to issue it and because, even if the trial court had the authority to do so, issuing it constituted an abuse of discretion. Additionally, the Georgia Supreme Court directed the parties to evaluate whether the Supreme Court had jurisdiction in light of OCGA 5-7-1 limiting appeals by "the State of Georgia" in "criminal cases." The Court ultimately concluded it had jurisdiction over this appeal, and affirmed in part and reversed in part the trial court's order at issue. "While we conclude that the trial court had the authority to address the matter at issue here, we also conclude that the scope of the trial court’s order is nonetheless subject to review for an abuse of discretion. ... ordering the removal of the records from their usual place to the legal office was unnecessary, when the key issue was controlling the persons who were entitled to examine them. Instead, the trial court should have ... ordered the prison officials not to disclose any of the relevant visitation records to the prosecuting attorney or the prosecution team or to any person whose access to the records is not reasonably justified." View "Georgia v. Rowe" on Justia Law
Jackson v. Raffensperger
In June 2018, Appellants Mary Jackson and her non-profit organization, Reaching Our Sisters Everywhere, Inc. (“ROSE”), filed a complaint against the Secretary of State challenging the constitutionality of the Georgia Lactation Consultant Practice Act (the “Act”), which prohibited the practice of “lactation care and services” for compensation without a license from the Secretary of State. Specifically, Appellants alleged that, under the Act, they were ineligible for a license because they lacked a privately issued credential that the Act required for licensure, even though they had other private credentials that made them equally competent to provide lactation care and services and pose no risk of harm to the public. Accordingly, they argue that the Act violates their rights to due process and equal protection under the Georgia Constitution. The trial court granted the Secretary’s motion to dismiss, concluding that the complaint failed to state a claim upon which relief could be granted. Specifically, the trial court ruled that Appellants failed to state a claim that the Act violated due process, because the Georgia Constitution did not recognize a right to work in one’s chosen profession, and that Appellants failed to state a claim that the Act violated equal protection, because the complaint did not sufficiently allege that Appellants were similarly situated to those who are able to obtain a license. After review, the Georgia Supreme Court agreed with Appellants that the trial court erred in both rulings. "We have long interpreted the Georgia Constitution as protecting a right to work in one’s chosen profession free from unreasonable government interference. And the trial court erred in concluding that the Appellants are not similarly situated to lactation consultants who can be licensed because, according to the allegations in the complaint, they do the same work." Accordingly, the Court reversed the trial court's judgment and remanded with direction to the trial court to reconsider the motion to dismiss. View "Jackson v. Raffensperger" on Justia Law
New Cingular Wireless PCS, LLC v. Dept. of Revenue
After approximately ten years of litigation, the Georgia Supreme Court granted a second petition for certiorari in a dispute over the refund of millions of dollars in Georgia sales and use taxes that allegedly violated a federal statute. In 2010, New Cingular Wireless PCS, LLC and three other AT&T Mobility subsidiaries (collectively, “AT&T”) filed refund claims with the Georgia Department of Revenue seeking the return of the sales and use taxes that AT&T had collected from its customers and turned over to the Department. In 2015, the Department denied the claims, and AT&T filed a complaint in DeKalb County Superior Court to compel the refunds. In 2016, the trial court dismissed the complaint on grounds: (1) a Georgia regulation required “dealers” like AT&T to return the sums collected from their customers before applying to the Department for a refund of the illegal taxes; (2) AT&T lacked standing to seek refunds of taxes for periods prior to May 5, 2009, the effective date of the General Assembly’s amendment to the refund statutes to allow dealers to seek refunds on behalf of their customers; and (3) AT&T’s claims amounted to a class action barred by the refund statutes. In its first certiorari review, the Georgia Supreme Court reversed that ruling, holding that the regulation, as properly construed, did not require dealers to return the sums collected before applying for a refund. On remand, the Court of Appeals upheld the trial court’s ruling that AT&T lacked standing to seek refunds for periods prior to the effective date of the 2009 amendments to the refund statutes allowing dealers to seek refunds on behalf of their customers. The issue presented in the second petition for certiorari review was whether plaintiffs lacked standing to file the refund claims. The Supreme Court determined AT&T was statutorily granted representational standing to recover wrongfully paid sums on behalf of and for the benefit of its customers. To the extent, therefore, that the Court of Appeals held that AT&T lacked standing to file a claim on behalf of its customers for any taxes for periods before May 5, 2009, the Court of Appeals’ judgment was erroneous and had to be reversed. View "New Cingular Wireless PCS, LLC v. Dept. of Revenue" on Justia Law
Barrow v. Raffensperger
These cases involved challenges to Secretary of State Brad Raffensperger’s decision to cancel the election originally scheduled for May 19, 2020, for the office of Justice of the Supreme Court of Georgia held by Justice Keith Blackwell. Justice Blackwell’s current term was set to end on December 31, 2020, and the next standard six-year term for his office would begin on January 1, 2021. However, on February 26, Justice Blackwell submitted a letter to Governor Brian P. Kemp resigning from his office effective November 18, 2020. The Governor accepted Justice Blackwell’s resignation and announced that he would appoint a successor to the office. The Secretary canceled the May 19 election for the next term of Justice Blackwell’s office on the ground that his resignation, once it was accepted, created a vacancy that the Governor could fill by appointment, and thus no election was legally required. The appellants in these cases, John Barrow and Elizabeth Beskin, each then tried to qualify for that election but were turned away by the Secretary’s office. They each then filed a petition for mandamus seeking to compel the Secretary to allow qualifying for, and ultimately to hold, the May 19 election for the next term of Justice Blackwell’s office. Beskin also asserted that the Secretary’s decision violated her federal constitutional rights. The trial court denied the mandamus petitions and rejected Beskin’s federal claims, agreeing with the Secretary that a current vacancy was created in Justice Blackwell’s office when his resignation was accepted by the Governor, which gave rise to the Governor's power to appoint a successor. Barrow and Beskin appealed the trial court's orders, both arguing the trial court should have granted their petitions because there was no current vacancy in Justice Blackwell’s office that the Governor could fill by appointment before the May 19 election and because the Secretary had no discretion to cancel a statutorily required election. Beskin also argued she was entitled to relief based on her federal claims. After review, the Georgia Supreme Court held that while the trial court’s reasoning was mistaken, its conclusion that the Secretary of State could not be compelled by mandamus to hold the May 19 election for Justice Blackwell’s office was correct. "Under the Georgia Constitution and this Court’s precedent, a vacancy in a public office must exist before the Governor can fill that office by appointment, and a vacancy exists only when the office is unoccupied by an incumbent. Because Justice Blackwell continues to occupy his office, the trial court erred in concluding that his office is presently vacant; accordingly, the Governor’s appointment power has not yet arisen." View "Barrow v. Raffensperger" on Justia Law
Williams v. DeKalb County
Edward Williams appealed a superior court order dismissing his second amended complaint with prejudice. Acting pro se, Williams sued DeKalb County and members of its governing authority, the Chief Executive Officer and the DeKalb County Board of Commissioners, in their official and individual capacities (collectively, “Appellees”). Williams challenged the legality of a DeKalb County ordinance, which increased the salaries of the members of the county governing authority, setting forth claims for mandamus, declaratory and injunctive relief, criminal and civil penalties for violating the Open Meetings Act, and attorney fees and costs of litigation. On appeal, Williams argued the trial court erred in dismissing his claims for declaratory and injunctive relief against the members of the governing authority in their individual capacities for acting unlawfully in increasing their own pay. He argued the trial court erred in dismissing his claim that the County Home Rule Paragraph of the Georgia Constitution, precluded county governing authorities from having the power to increase their own pay. The Georgia Supreme Court did not reach the merits of these claims of error because Williams lacked standing to sue the members of the governing authority for declaratory relief, he lacked standing to sue the commissioners for injunctive relief, and whether he has standing to seek injunctive relief against Thurmond required proper analysis by the trial court on remand. Williams also contended the trial court erred in dismissing his claims against the commissioners for violating the Open Meetings Act before passing the salary ordinance, making them individually liable for civil penalties under the Act. To this contention, the Supreme Court agreed, reversing that portion of the court’s order dismissing Williams’ claim against the commissioners for civil penalties under the Open Meetings Act. The matter was remanded back to the trial court for further proceedings. View "Williams v. DeKalb County" on Justia Law
Parham v. Stewart
This case stemmed from a challenge to the results of the March 2018 special election for the mayor of the City of Blythe, Georgia, wherein Appellee Phillip Stewart defeated Appellant Cynthia Parham by a margin of four votes. Appellant filed a petition contesting the election results, alleging that illegal votes had been cast in the mayoral election. After a bench trial, the court concluded that Appellant had failed to show that enough illegal votes had been cast to change or place in doubt the result of the election. Appellant filed a notice of appeal to the Georgia Supreme Court and, finding no reversible error, the Supreme Court affirmed the trial court. View "Parham v. Stewart" on Justia Law
Dept. of Public Safety v. Ragsdale
Matthew Ragsdale filed this personal injury action against the Georgia Department of Public Safety (“DPS”) after he was injured during an October 31, 2014 motor vehicle accident that occurred when Ross Singleton, the driver of another vehicle, fled from law enforcement. Ragsdale sent an ante litem notice to the Department of Administrative Services (“DOAS”) on December 3, 2014. The notice provided on that date failed to include all the information required by OCGA 50-21-26 (a) (5). Ragsdale filed suit, but dismissed this initial filing based on the deficiency of his first ante litem notice. Thereafter, in March 2017, Ragsdale sent a second ante litem notice to DOAS. Ragsdale then renewed the action, and [DPS] filed its motion to dismiss the appeal, contending that the March 2017 ante litem notice was untimely. In response, Ragsdale argued that because he was the victim of Singleton’s crime, the time for filing the ante litem notice had been tolled “from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated” pursuant to OCGA 9-3-99. The trial court agreed and denied the motion to dismiss in a single-sentence order, citing Ragsdale's arguments in response to the motion to dismiss. The Court of Appeals affirmed the denial of DPS’s motion to dismiss, following cases in which that court had previously “determined that limitation period tolling statutes apply to the period for filing ante litem notice as well as for filing suit.” The Georgia Supreme Court found the Georgia Tort Claims Act's ante litem notice period was not subject to tolling under OCGA 9-3-99. View "Dept. of Public Safety v. Ragsdale" on Justia Law
City of Atlanta v. Atlanta Indep. Sch. Sys.
City of Atlanta (“the City”) and the Atlanta Independent School System (“APS”) were involved in a dispute over the City’s annexing property in Fulton County, while it expressly prohibiting the co-expansion of APS’s territory. The Georgia Supreme Court granted the City’s application for interlocutory appeal challenging the trial court’s denial of its motion to dismiss. The Court concluded this matter did not amount to an actual, justiciable controversy; consequently, it vacated the trial court’s order and remanded for this case to be dismissed by the trial court. “These parties have appeared before this Court numerous times, and the instant dispute is part of a larger, ongoing disagreement between the City and APS. … Mere disagreement about the ‘abstract meaning or validity of a statute [or ordinance]’ does not constitute an actual controversy within the meaning of the Declaratory Judgment Act. … APS has failed to establish the existence of an actual controversy, for purposes of declaratory relief, because it has failed to demonstrate that a ruling in its favor would have any immediate legal consequence.” View "City of Atlanta v. Atlanta Indep. Sch. Sys." on Justia Law
Cobb Hospital v. Department of Community Health et al.
This case involved Cobb Hospital, Inc.'s and Kennestone Hospital, Inc.'s (collectively, “Wellstar”) challenge to the decision by the Georgia Department of Community Health (“DCH”) to grant Emory University Hospital Smyrna (“Emory”) a new certificate of need (“CON”) to renovate a hospital that Emory had recently acquired. After DCH made an initial decision granting the CON, Wellstar appealed to the CON Appeal Panel. The panel’s hearing officer affirmed the decision, ruling that as a matter of law he could not consider Wellstar’s arguments regarding the validity of Emory’s existing CON, and that he would not allow Wellstar to present evidence related to those arguments. Wellstar then appealed the hearing officer’s decision to the DCH Commissioner, allegedly arguing among other things that the decision violated Wellstar’s constitutional right to due process. The Commissioner affirmed the hearing officer’s decision without ruling on the constitutional claim. In Division 2 of its opinion in this case, the Georgia Supreme Court determined the Court of Appeals erred by holding that the constitutional due process claim enumerated by Wellstar was not preserved for appellate review because it was not ruled on during the administrative proceeding that led to the filing of this case in the trial court. The Supreme Court thus granted Wellstar’s petition for a writ of certiorari to address that issue, reversed the Court of Appeals’s opinion, and remanded for that court to reconsider Wellstar’s constitutional claim. View "Cobb Hospital v. Department of Community Health et al." on Justia Law