WMW Inc. d/b/a Honda Carland v. American Honda Motor Co. Inc.

In this case, we interpret for the first time OCGA § 10-1-664, the anti-encroachment provision of the Georgia Motor Vehicle Franchise Practices Act “the Act”, OCGA § 10-1-620 et seq. The sole issue on appeal is whether WMW, Inc. d/b/a Honda Carland “WMW” has standing under the Act to petition to prohibit or enjoin the establishment of a new dealership. The trial court concluded that WMW does not have standing and granted American Honda Motor Company, Inc.’s “Honda” motion to dismiss WMW’s complaint. We agree that WMW does not have standing to challenge the establishment of the new dealership and therefore affirm. We review the trial court’s grant of a motion to dismiss for failure to state a claim de novo, and will not affirm unless 1 the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof; and 2 the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought. In deciding a motion to dismiss, all pleadings are to be construed most favorably to the party who filed them, and all doubts regarding such pleadings must be resolved in the filing party’s favor. Citation, punctuation and footnote omitted. Professional Energy Management v. Necaise , 300 Ga. App. 223, 224 1 684 SE2d 374 2009. See OCGA § 9-11-12 b 6. See also Hendry v. Wells , 286 Ga. App. 774, 781 2 650 SE2d 338 2007 motion to dismiss for lack of standing requires determination of whether allegations of complaint disclose with certainty that plaintiff would not be entitled to relief under any state of provable facts.

The relevant facts here are undisputed. WMW is a Georgia corporation which has operated Honda Carland, a Honda sales and service dealership, since 1976 under a franchise agreement with Honda. That dealership is also WMW’s principal place of business and is located in Roswell, Georgia. WMW also operates a separate service center in Alpharetta, Georgia. In January 2010, Honda notified WMW that it planned to enter into an agreement authorizing a new Honda Sales and Service dealership to be located in Cumming, Georgia. WMW objected to the establishment of a new dealership within the “relevant market area” of its separate service facility located in Alpharetta on the ground that it would be in violation of the Georgia Motor Vehicle Franchise Practices Act, more particularly, OCGA § 10-1-664.