Polo Golf And Country Homeowners Association, Inc.v.Cunard Et Al.
Polo Golf and Country Club Homeowners Association challenged a Forsyth County stormwater ordinance that made homeowners associations responsible for maintaining drainage easements and stormwater facilities in existing as well as new developments. The subdivision’s aging dam and drainage mechanisms had caused flooding, sinkholes, and property damage, and the Association argued that the ordinance impaired contractual obligations in its declaration and operated retrospectively. The trial court dismissed the action on the pleadings after treating the officials as protected by sovereign immunity. The Georgia Supreme Court held that sovereign immunity was a threshold issue and that it did not bar a suit against officials in their individual capacities seeking prospective relief from allegedly unconstitutional acts. The court nevertheless upheld dismissal of the Association’s contract-impairment challenges because the Association had not shown a vested contractual right that the ordinance injured. The Court remanded other claims, including trespass and involuntary-servitude theories, because the trial court had not addressed them.
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