Irvin Johnson, then DeKalb County’s chief deputy tax commissioner, brought related actions seeking appointment as tax commissioner and challenging a special election. After a bench trial, the court declared a local law unconstitutional and ruled in Johnson’s favor on his declaratory-judgment claim, but denied attorney fees. The Georgia Court of Appeals held that Johnson was entitled to reasonable fees under the judicially created rule governing situations in which a county attorney has a conflict and cannot represent the county officer’s position. Johnson had acted in his official capacity, prevailed on the declaratory claim, and had been forced to retain independent counsel because the county attorney could not ethically advance the same position. The court did not reach Johnson’s alternative statutory-fee theory because the judicial rule resolved the issue. It reversed the fee ruling and remanded for the trial court to assess reasonable attorney fees.