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Consolidated Government Of Columbus, Georgia Et Al.v.P&J Beverage Corporation D/B/A Forrest Road Package Store

CourtCourt of Appeals of Georgia
Docket No.A17A1903
DecidedFebruary 8, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilGovernment LawAdministrative LawStatutory InterpretationMandamusSummary JudgmentSovereign ImmunityReversal
Case Summary

P and J Beverage sued Columbus and another package-store applicant, seeking mandamus and injunctive relief to prevent an alcoholic-beverage license from being issued or to revoke it after issuance. P and J argued that the proposed store was within 600 feet of a daycare facility that should be treated as a school under Georgia licensing restrictions. The trial court granted P and J summary judgment and ordered the city to treat the license as invalid. The Georgia Court of Appeals reversed. It held that the daycare was a for-profit facility that did not meet the statutory criteria for a public or private school, and that Columbus had exercised discretion rather than violated a clear legal duty. The court also held that the injunction against the governmental defendants was barred by sovereign immunity. It reversed the grant of summary judgment to P and J and the denial of summary judgment to Columbus and the applicant in both consolidated appeals.

Opinion

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