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Board Of Commissioners Of Lowndes Countyv.Mayor And Council Of The City Of Valdosta Et Al.

CourtSupreme Court of Georgia
Docket No.S20G0472
DecidedSeptember 28, 2020
JudgesSupreme Court of Georgia
Tags
CivilConstitutional LawSovereign ImmunityDeclaratory JudgmentCivil ProcedureReversalStatutory Interpretation
Case Summary

Lowndes County challenged the dismissal of claims seeking prospective injunctive and declaratory relief against state officials concerning the operation of a state board. The Georgia Supreme Court reversed. The court explained that sovereign immunity requires a waiver only when the immunity doctrine actually bars the claim. Individual-capacity claims seeking prospective relief against officials who allegedly act beyond their legal authority generally are not barred by sovereign immunity, subject to the real-party-in-interest limitation. The Court of Appeals therefore erred by treating the County’s claims against the officials as immune from suit. The Supreme Court reversed that portion of the judgment and left the issue of how any later statutory amendment might affect the dispute for another day.

Opinion

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