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Tussahaw Reserves, LLCv.Butts Cnty.

CourtSupreme Court of Georgia
Docket No.S25G0367
DecidedOctober 21, 2025
Reporter323 Ga. 84; 922 S.E.2d 363; 2025 Ga. LEXIS 241; 2025 LX 491560; 2025 WL 2955817
JudgesWARREN, Presiding Justice. Judgment vacated and case remanded with direction. All the Justices concur, except Land, J., disqualified.
Tags
CivilZoningSovereign ImmunityConstitutional Naming RequirementCertiorariOCGA 9-11-21Procedural CureConstitutional Avoidance
Case Summary

Tussahaw challenged Butts County’s denial of a quarry rezoning application in a combined certiorari and declaratory-judgment action, naming the County as defendant and the Board and its members as respondents-in-certiorari. The County argued that the Georgia Constitution required dismissal because the action was not brought exclusively against the County in its name. The Supreme Court of Georgia held that this naming requirement is procedural, not jurisdictional, and that a trial court may drop unnecessary parties to cure noncompliance. Because the trial court had not ruled on pending motions to drop the respondents-in-certiorari, the Court vacated dismissal and remanded for further proceedings. It declined to decide whether respondents-in-certiorari count as defendants under the constitutional rule or whether courts may look beyond the caption to the complaint’s substance.

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