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Sons Of Confederate Veterans Et Al.v.Henry County Board Of Commissioners (Two Cases)

CourtSupreme Court of Georgia
Docket No.S22G0039, S22G0045
DecidedOctober 25, 2022
Reporter315 Ga. 39
JudgesSupreme Court of Georgia
Tags
CivilConstitutional LawGovernment LawCivil ProcedureStandingStatutory InterpretationReversal
Case Summary

Organizations and individuals sued county boards over the removal and maintenance of Confederate monuments. The Supreme Court of Georgia considered a threshold question with consequences beyond the monument dispute: whether Georgia’s Constitution requires a plaintiff to show a cognizable injury, separate from statutory authorization, to have standing in state court. The Court held that standing is constitutionally required and that statutory authorization to sue does not eliminate the injury requirement. It affirmed dismissal as to plaintiffs who alleged no cognizable injury, but reversed in part where the Court of Appeals had applied the wrong standing analysis. The final judgment was affirmed in part and reversed in part.

Opinion

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