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City Of Columbusv.Georgia Department Of Transportation

CourtSupreme Court of Georgia
Docket No.S13A0079; S13X0080; S13X0081
DecidedMay 6, 2013
Reporter292 Ga. 878; 742 S.E.2d 728; 2013 Fulton County D. Rep. 1603; 2013 Ga. LEXIS 415
JudgesSupreme Court of Georgia
Tags
CivilConstitutional LawGovernment LawEnvironmental LawLand UseDue ProcessEqual ProtectionStatutory InterpretationCivil ProcedureReversal
Case Summary

This consolidated appeal concerned Georgia’s statutory program for removing vegetation near billboards and compensating the State for the removed trees. Columbus and other challengers argued that the statute, valuation rules, and billboard take-down credits violated the Georgia Constitution’s gratuities, trustee, due-process, and equal-protection protections. The Georgia Supreme Court upheld the statute against the gratuities and trustee challenges, concluding that the program provided a public benefit and did not involve personal financial gain by a public officer. It also held that the phrase permitted beautification project was not unconstitutionally vague because the Department of Transportation had adopted a rule clarifying which plantings were protected. The court declined to disturb the trial court’s decision to maintain a statewide injunction while an equal-protection issue remained unresolved. In a cross-appeal, however, the court reversed the ruling that take-down credits violated the gratuities clause. Removing outdated signs saved the State the expense of doing that work, and the Legislature had identified a public benefit from the credit system. The judgments were affirmed in two consolidated cases and reversed in one.

Opinion

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