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Scarboroughv.Hunter

CourtSupreme Court of Georgia
Docket No.S13A0060
DecidedJuly 11, 2013
Reporter293 Ga. 431; 746 S.E.2d 119; 2013 Fulton County D. Rep. 2180; 2013 WL 3475334; 2013 Ga. LEXIS 613
JudgesSupreme Court of Georgia
Tags
CivilGovernment LawAdministrative LawLand UseCivil ProcedureMandamusSummary JudgmentStatutory InterpretationReversalVacaturRemand
Case Summary

Stephens County accepted Winding Bluff Road into its road system to serve undeveloped subdivision lots, but the road later cracked, became unsafe, and served little public use. After a public hearing, the county board voted to abandon it under OCGA § 32-7-2(b)(1). The trial court set aside that decision, ordered the county to repair and maintain the road by mandamus, awarded attorney fees, and granted summary judgment against the board’s counterclaims. The Georgia Supreme Court reversed in part and vacated in part. It held that the trial court failed to give proper deference to the board’s statutory discretion. Evidence supported the board’s findings that defective construction caused the road’s failure, that rebuilding would cost hundreds of thousands of dollars, and that abandonment served the public interest. The court therefore reinstated the abandonment decision and reversed the related mandamus order. Because the plaintiffs were no longer prevailing parties, their attorney-fee award was vacated. The court also vacated summary judgment on the board’s fraud and contract counterclaims and remanded those claims for further proceedings. The court did not decide a separate constitutional challenge to the statutory phrase “best public interest.”

Opinion

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