The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

City Of Hapeville Et Al.v.Sylvan Airport Parking, Llc D/B/A Peachy Airport Parking

CourtCourt of Appeals of Georgia
Docket No.A21A0519
DecidedMay 17, 2021
JudgesCourt of Appeals of Georgia
Tags
CivilGovernment LawConstitutional LawAdministrative LawStatutory InterpretationDeclaratory JudgmentPermanent InjunctionSovereign ImmunityReversal
Case Summary

Sylvan Airport Parking operated a parking business on land in Hapeville and sought declaratory and injunctive relief after the city threatened to enforce its occupational-tax ordinance against parking on one parcel. The city, its mayor, and council members invoked sovereign immunity. The Court of Appeals of Georgia held that the statutory waiver in OCGA § 9-4-7 (b) permitted the declaratory challenge to the validity of the municipal ordinance against the city and officials in their official capacities. But no waiver permitted an injunction against those defendants in their official capacities, because the municipal immunity statute addresses liability for damages rather than prospective injunctive relief. Sovereign immunity did not apply to claims against the officials individually, and the complaint stated claims for prospective relief against them. The court therefore affirmed in part and reversed in part, allowing the declaratory and individual-capacity claims to proceed while requiring dismissal of the official-capacity injunctive claims.

Opinion

Loading published copy…

The Far Side