January 2014

Challenge to reclassification of dam limited to allegations in petition for hearing.

Dam Safety

Petitioner appealed the decision of the Environmental Protection Division (EPD) to reclassify King’s Cliff Lake Dam from a Category II to a Category I dam—a decision based upon a finding that loss of life would likely occur in the event of dam failure.  Because Petitioner’s appeal was founded solely on the fact that the EPD […]

Challenge to reclassification of dam limited to allegations in petition for hearing. Read More

Tax credit certification application denied because of failure to prove film company’s role in the production.

Film & TV

Judge Walker upheld the decision of the Georgia Film, Music & Digital Entertainment Division of the Georgia Department of Economic Development to deny Petitioner’s application for a Tax Credit Certification for the production “Black in America.”  Petitioner failed to establish that it produced, co-produced, or acted as a work-for-hire production company for the television series.

Tax credit certification application denied because of failure to prove film company’s role in the production. Read More

State’s decision to terminate Petitioner’s benefits under the Katie Beckett Waiver reversed.

Health Law

State maintained that Petitioner did not meet the requisite Level of Care because he did not actually receive skilled nursing services recommended by his physicians.  However, Respondent’s own Manual indicates that a determination of whether an individual meets the Skilled Nursing Facility Level of Care hinges upon whether such services are required.  The fact that

State’s decision to terminate Petitioner’s benefits under the Katie Beckett Waiver reversed. Read More

Child appropriately mainstreamed where balanced need for special education with placement in the general education setting for select classes.

Special Education

Plaintiff, a child receiving special education services under the Individuals with Disabilities Education Improvement Act (IDEA), was not denied a Free and Appropriate Public Education (FAPE) in the least restrictive environment.  Plaintiff, who has been diagnosed with Down’s syndrome, has an Individualized Education Program (IEP) that provides for her unique needs.  First, the IEP is

Child appropriately mainstreamed where balanced need for special education with placement in the general education setting for select classes. Read More

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