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Williamsv.Harvey

CourtCourt of Appeals of Georgia
Docket No.A22A1550
DecidedJanuary 12, 2023
Reporter366 Ga. App. 395; 883 S.E.2d 145; 2023 Ga. App. LEXIS 13; 2023 WL 164766
JudgesDillard, P. J.; Mercier and Markle, JJ., concurring.
Tags
CivilStandingMonument LitigationConfederate MonumentInjunctive ReliefOCGA 50-3-1Motion to Dismiss
Case Summary

Sons of Confederate Veterans chapters and individual members sued Brunswick and city officials to stop removal of a Confederate monument, alleging that the City’s action violated OCGA § 50-3-1 and citing their ceremonies at the monument, restoration spending, and asserted interests in it. The trial court dismissed the case for lack of standing. Applying the Georgia Supreme Court’s recent Henry County decision, the Court of Appeals held that none of the individuals or organizations alleged that they were Brunswick citizens, residents, or taxpayers—community stakeholders to whom the statute’s duty was owed. The organizations also could not establish associational standing without members who themselves alleged individual standing; the court did not decide whether the City owned the monument or whether its planned removal violated the statute. The court affirmed dismissal.

Opinion

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