• City Of Gainesville v. Waldrip et al.

    Publication Date: 2018-05-04
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Dana Maine (Freeman Mathis & Gary), Atlanta, for appellant.
    for defendant: Robert Jackson (Robert B. Jackson, IV, LLC), Atlanta; Donald Stack (Stack & Associates, PC.), Atlanta, for appellee.

    Case Number: A17A1946

    City Had No Duty To Abate Flooding From Storm Water Discharge Onto Private Property Adjacent to Plaintiff's Property

  • City Of Union Point v. Greene County et al.

    Publication Date: 2018-04-25
    Practice Area: Constitutional Law | Government | Public Utilities
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Andrew Jackson Welch III, Warren Michael Tillery, Brandon Filson Palmer, (Smith, Welch, Webb & White, LLC), McDonough; M. Joseph Reitman Jr. (Smith, Welch, Webb & White, LLC), Madison, for appellant.
    for defendant: Christopher J. Hamilton, Kenneth Paul Robin, Angela Edwards Davis (Jarrard & Davis LLP), Cumming, for appellee. Barry Abbott Fleming, Frank Adam Nelson (Fleming & Nelson LLP), Evans; Edward Fowler Preston, Timothy Marzine Tanner, George T. Talley (Coleman Talley LLP), Valdosta; Sarah L. Crile, Christopher M. Carr, William Wright Banks Jr., Julie Adams Jacobs (Department of Law), for amicus appellant. Walter Gus Elliott II, James L. Elliott, William Gus Elliott II (Elliott Blackburn & Gooding PC), Valdosta; Rusi Chandrashkhar Patel (Georgia Municipal Association, Inc), Atlanta, for amicus appellee.

    Case Number: S17A1878

    The Court partially affirmed, partially reversed, and partially vacated the trial court's order in a dispute between a County and a City over who should pay for public services under the Service Delivery Strategy Act.

  • Georgiacarry.Org, Inc., et al. v. Atlanta Botanical Garden, Inc.

    Publication Date: 2018-04-24
    Practice Area: Constitutional Law | Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: John Monroe (Attorney at Law), Roswell, for appellant.
    for defendant: Michael Brown (Alston & Bird LLP), Atlanta, for appellee. Henry Chalmers, Andrew Stevens (Arnall Golden Gregory), Atlanta; Peter Canfield, Brian Lea (Jones Day), Atlanta, for amicus curiae.

    Case Number: A17A1639

    Private Non-Profit Organization Could Prohibit Individuals From Carrying Guns Onto Its Leased Property

  • Johnson v. Dekalb County, Georgia

    Publication Date: 2018-04-10
    Practice Area: Attorney Compensation | Election and Political Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Samuel Woodhouse (The Woodhouse Law Firm), Atlanta, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Cristina Correia (State of Georgia Office of the Attorney General), Atlanta; Phillp Friduss, Ernest Satterfield (Hall Booth Smith, PC), Atlanta; Robert Ware (Office of the County Attorney), Atlanta; Nathan Gaffney (Fried Rogers Goldberg), Atlanta; Russell Britt (Attorney at Law), Atlanta, for appellee.

    Case Number: A17A1607

    County Tax Official Who Successfully Challenged Special Election Was Entitled to Attorney Fees

  • Barrow v. Dunn

    Publication Date: 2018-04-05
    Practice Area: Environmental Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Malissa Kaufold-Wiggins, Tyler Bishop (Balch & Bingham LLP), Atlanta; Hugh McNatt, Hugh Peterson (McNatt, Greene & Peterson, PC.) Vidalia; Jonathan Schwartz (Jon L. Schwartz, Attorney at Law, P.C.), Atlanta, for appellant.
    for defendant: Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Suzanne Osborne (Department of Law), Atlanta; John Hennelly (Assistant Attorney General), Atlanta; James Coots (Senior Assistant Attorney General), Atlanta, for appellee. Ray Smith (Attorney at Law), Richmond Hill, for other party.

    Case Number: A17A1385

    Environmental Protection Division Granted Wastewater Treatment Facility Permit Without Conducting Required Antidegradation Analysis

  • Harris v. City Of Atlanta

    Publication Date: 2018-04-03
    Practice Area: Employment Litigation | Government | Whistleblower Laws
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Julie Weiner (Law Office of Julie M. Weiner), Marietta; Howard Evans (Howard R. Evans & Associates), Atlanta, for appellant.
    for defendant: Kathryn Hinton, David Gevertz (Baker, Donelson, Bearman, Caldwell & Berkowtiz, PC), Atlanta, for appellee.

    Case Number: A17A1984

    Employee Who Claimed Termination Violated Whistleblower Laws Failed to Show Employer's Proffered Reasons for Termination Were Pretextual

  • Everson v. Dekalb County School District et al.

    Publication Date: 2018-03-02
    Practice Area: Employment Litigation | Government
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Louise Hornsby (The Hornsby Law Firm, LLC), Atlanta, for appellant.
    for defendant: Josie Alexander (Alexander & Associates), Atlanta; Marquetta Bryan (Nelson Mullins Riley & Scarborough LLP), Atlanta; Bernard Taylor, Kelly Etchells (Alston & Bird LLP), Atlanta, for appellee.

    Case Number: A17A1430

    The trial court properly dismissed plaintiff's claims against his former employer, a school district, and the district's former superintendent in his official capacity but erred in dismissing the claims against the former superintendent in his personal capacity arising out of plaintiff's termination following his alleged report of illegal activities at the school.

  • Barnett et al. v. Caldwell

    Publication Date: 2018-02-27
    Practice Area: Government | Wrongful Death
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Sidney Leighton Moore, III (The Moore Law Firm, P.C.), Atlanta; Shean DeCarlos Williams (The Cochran Firm Atlanta), Atlanta, for appellant.
    for defendant: Cheryl Lynn Haas, Halima Horton, Kurt Eric Lentz, (McGuire Woods LLP), Atlanta; Matthew Allen Fitzgerald (McGuire Woods LLP), Richmond; Phillip L. Hartley (Harben, Hartley & Hawkins, LLP), Gainesville, for appellee.

    Case Number: S17G0641

    A teacher was entitled to official immunity in a wrongful death suit brought by parents of a child who died in the teacher's classroom while the teacher was out of the room, because the complained-of actions were discretionary and plaintiffs did not present evidence of actual malice or intent to injure.

  • State Of Georgia et al. v. International Indemnity Company et al.

    Publication Date: 2018-02-09
    Practice Area: Government
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher M. Carr, Attorney General, Isaac Byrd, Deputy Attorney General, Daniel S. Walsh, Jeffrey W. Stump, Senior Assistant Attorneys General, Sarah H. Warren, Solicitor-General, for State of Georgia et al.
    for defendant: Barnes & Thornburg, Thomas J. Gallo, for International Indemnity Company et al. Robbins Ross Alloy Belinfante Littlefield, Richard L. Robbins, Alexander F. Denton, for Regulatory Technologies, Inc.

    Case Number: A17A1195

    The trial court erred in finding that the State of Georgia waived sovereign immunity under the Insurers Rehabilitation and Liquidation Act as to claims for payment of administrative expenses and attorney fees.

  • Roberts et al. v. Mulkey et al.

    Publication Date: 2018-02-09
    Practice Area: Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Kam, Ebersbach & Lewis, Brian D. Lewis, Randy J. Ebersbach, for appellants.
    for defendant: Owen Gleaton Egan Jones & Sweeney, W. Seaborn Jones, Derrick L. Bingham, for appellees.

    Case Number: A17A1324

    In plaintiffs' personal injury suit, the trial court erred in granting summary judgment to defendant on the basis of official immunity because defendant negligently failed to perform a ministerial act and official immunity thus did not bar the suit.