Fairgreen Capital, LLCv.City of Canton
CourtCourt of Appeals of Georgia
Docket No.A15A2184
DecidedJanuary 26, 2016
Reporter335 Ga. App. 719; 782 S.E.2d 46
JudgesPresiding Judge Andrews, Judge Branch, and Judge Peterson; Andrews authored
Tags
CivilContract LawGovernment LawConstitutional LawContract InterpretationSummary JudgmentNegligenceReversal
Case Summary
Fairgreen alleged that Canton failed to reimburse funds Fairgreen advanced under an agreement to finance road construction. The Court of Appeals held that the unpaid obligation was a multiyear municipal debt requiring voter approval, making the agreement unenforceable on the contract claim even if authorized under the Development Impact Fee Act. It reversed summary judgment on negligent misrepresentation because the City had not moved for judgment on that claim and Fairgreen lacked notice that the court would decide it. The court affirmed in part and reversed in part.
Opinion
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