The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

BCG Operations, LLCv.Town of Homer

CourtCourt of Appeals of Georgia
Docket No.A22A1183, A22A1314
DecidedJanuary 26, 2023
Reporter366 Ga. App. 535; 883 S.E.2d 549; 2023 Ga. App. LEXIS 38; 2023 WL 412460
JudgesDoyle, P.J.; Miller, P.J., and Phipps, S.A.J., concurring.
Tags
CivilMandamusMunicipal LawAlcohol LicensingInverse CondemnationDamagesMootness
Case Summary

BCG built a golf clubhouse after town representatives assured it that liquor licenses were available, but in 2020 the clerk refused its distilled-spirits license application on the town attorney’s advice; the Town granted beer-and-wine licenses. A court later ordered the Town by mandamus to process and grant the liquor license. BCG sought partial summary judgment for damages arising from the refusal, while the Town cross-appealed the mandamus order. The Court of Appeals of Georgia affirmed denial of BCG’s motion and dismissed the Town’s appeal as moot. The court held that BCG could not obtain damages for the same circumstances after securing mandamus relief: mandamus is available only when no other adequate legal remedy exists, so awarding both would impermissibly stack remedies. It also upheld the trial court’s reliance on the statute governing private-right mandamus; the liquor license was a private right. The Town’s cross-appeal was moot because the court-ordered license had expired and reversal could no longer benefit the Town. The mandamus relief remained in place, but BCG did not win its damages motion.

Opinion

Loading published copy…

The Far Side