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Northwayv.Allen

CourtSupreme Court of Georgia
Docket No.S12A0492
DecidedJune 18, 2012
Reporter291 Ga. 227; 728 S.E.2d 624; 2012 Fulton County D. Rep. 1882; 2012 WL 2217621; 2012 Ga. LEXIS 576
JudgesSupreme Court of Georgia
Tags
CivilCivil ProcedureConstitutional LawDue ProcessElection LawGovernment LawMotion to DismissMunicipal LiabilityReversalRemand
Case Summary

Jeffrey Northway was the elected mayor of Springfield, Georgia, when four city council members asked him to resign during an ethics investigation. Northway refused, and the council members petitioned the superior court to remove him under a charter provision authorizing removal for malpractice, willful neglect, abuse of power, incompetence, or unfitness. Their petition alleged only that Northway was mayor, that the petitioners were council members, that they had requested his resignation, and that he had refused. Although counsel acknowledged at the motion hearing that the petition did not allege any misconduct or unfitness, the trial court denied Northway’s motion to dismiss, held a three-day bench trial, and removed him from office. The Supreme Court of Georgia reversed and directed dismissal. It held that even under Georgia’s notice-pleading standard, the petition had to allege facts that, if true, would support removal under the charter. A mayor’s refusal to resign, standing alone, did not establish any charter ground for removal, and the pending ethics proceeding could not supply missing allegations or cure the pleading defect. The Court emphasized that an elected official’s interest in office cannot be taken without due process. All justices concurred.

Opinion

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