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Fulton Countyv.City Of Atlanta

CourtSupreme Court of Georgia
Docket No.S16A0689
DecidedOctober 3, 2016
Reporter319 Ga. App. 184
JudgesSupreme Court of Georgia
Tags
CivilGovernment LawMunicipal LiabilityDeclaratory JudgmentStatutory InterpretationVacaturRemand
Case Summary

Fulton County challenged the City of Atlanta’s proposed annexation of property that the City had acquired in unincorporated Fulton County. The City sought a declaratory judgment concerning its authority to proceed and the constitutionality of the statutes governing the annexation dispute. The trial court entered judgment for the City. The Supreme Court of Georgia vacated that judgment because the declaratory-judgment action asked the court to decide the effect of proposed legislative action before the City had taken the action and before an actual dispute had developed. Georgia’s Declaratory Judgment Act does not authorize an advisory opinion, and the trial court could not use the action to preapprove the City’s future exercise of legislative power. The Supreme Court did not reach the underlying constitutional questions. It remanded with direction for the trial court to dismiss the action. All the Justices concurred.

Opinion

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