Lisa Boggs

Citing lack of jurisdiction, superior courts dismiss challenges to rulings in Cannabis Commission cases  

Judge Stephanie Howells was appointed to adjudicate 21 challenges to the Medical Cannabis Commission’s awarding of licenses to six vendors to grow, manufacture, and sell low THC oil in the State of Georgia.  These proceedings were conducted under the Commission’s own procedures, rather than the Administrative Procedure Act (“APA”). In decisions issued September 16, 2022, …

Citing lack of jurisdiction, superior courts dismiss challenges to rulings in Cannabis Commission cases   Read More

Court upholds denial of permit for multi-message sign based on spacing restrictions  

In affirming the denial of an outdoor advertising permit, the Court concluded the proposed location for the multi-media message sign in question—near the intersection of Ga. 53 and Ga. 400—would fall within 5,000 feet of already-permitted multi-message signs, which is prohibited by law.  The advertising company had argued that, since the spacing restriction only applies …

Court upholds denial of permit for multi-message sign based on spacing restrictions   Read More

Superior court remands medical licensing case, citing reliance on inadmissible hearsay  

This case involved efforts by the Georgia Composite Medical Board to sanction a physician assistant’s license.  Following a hearing, an administrative law judge with the Office of State Administrative Hearings recommended that the physician assistant’s license be indefinitely suspended, and the Board ultimately upheld this ruling.  On appeal to superior court, the physician assistant argued …

Superior court remands medical licensing case, citing reliance on inadmissible hearsay   Read More

Court reverses DOT’s decision to deny permit for multi-message sign  

This case involved the Department of Transportations’ denial of a permit for a multiple-message sign on State Route 520.  The Department had denied the permit because the sign would have been placed within 5,000 feet of another multiple message sign, as prohibited by law.  The Court, however, concluded that this spacing restriction did not apply …

Court reverses DOT’s decision to deny permit for multi-message sign   Read More

Officer must read implied consent notice for CDL licenses when driver is operating commercial vehicle  

In reversing a driver’s administrative license suspension, the Court concluded that the arresting officer had incorrectly read the implied consent notice for a driver of a private passenger car.  The Court noted that, although the driver had presented a regular driver’s license during the stop, he was driving a commercial motor vehicle.  The type of …

Officer must read implied consent notice for CDL licenses when driver is operating commercial vehicle   Read More

District ordered to pay for student’s comprehensive re-evaluation following years-long delay  

In this matter, the parent of a 16-year-old special education student alleged the school district failed to evaluate her child over a nine-year period.  The Court concluded that, while delays in evaluations are typically deemed procedural violations of the Individuals with Disabilities Education Act (IDEA), in this case the lengthy delay constituted a substantive violation …

District ordered to pay for student’s comprehensive re-evaluation following years-long delay   Read More

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