« Previous PageNext Page »

Operator of inert landfill did not have vested right to permit.

Topic: Environmental Law, Decided by Judge Malihi 
Docket Number: 1729095 , Decision Date: 2017-09-25 
Attachment: Click here to download the decision. 

Under amendments to the regulations of the Georgia Department of Natural Resources, Environmental Protections Division (“EPD”), owners and operators of inert landfills were required to either obtain a solid waste handling permit or a certification from a professional engineer stating that their facilities were in [..] Read More..

Officer’s POST certificate revoked after she abandoned her post to have an inmate perform cosmetic services on her.

Topic: Professional Licensing, Decided by Judge Malihi 
Docket Number: 1712780 , Decision Date: 2017-01-05 
Attachment: Click here to download the decision. 

The Peace Officer Standards and Training (POST) Council appropriately revoked the POST certification of a corrections officer after she abandoned her assigned post at Hancock State Prison in order to have an inmate perform unauthorized cosmetic services on her elsewhere in the facility.

Transfer penalty inappropriate because real property was sold for current market value.

Topic: Medicaid Eligibility, Decided by Judge Malihi 
Docket Number: ******* , Decision Date: 2017-01-10 
Attachment: Click here to download the decision. 

A nursing home resident proved that his property was worth significantly less than was alleged by the Division of Family and Children Services by submitting the affidavit of a realtor and a retroactive broker’s price opinion.  Therefore, DFCS’s assessment of a transfer of assets penalty [..] Read More..

The agency failed to support its position that blindness/hearing loss were not functional impairments.

Topic: Medicaid Eligibility, Decided by Judge Malihi 
Docket Number: ******* , Decision Date: 2017-06-08 
Attachment: Click here to download the decision. 

The Department of Community Health failed to support its argument that a SOURCE beneficiary could not show that she met the level of care requirements through evidence of blindness and partial hearing loss because such deficits did not constitute “functional impairments” covered by the Program.

Incidental beneficiary to sale of dealership lacked standing under Franchise Practices Act.

Topic: Franchise Practices Act, Decided by Judge Malihi 
Docket Number: 1635899 , Decision Date: 2016-05-25 
Attachment: Click here to download the decision. 

Welborn Chevrolet, a motor vehicle dealer, challenged General Motors’ (GM’s) refusal to approve of an agreement between two other dealers.  The agreement, if finalized, would have resulted in the relocation of a Buick-GMC dealership such that it would share a location with Welborn Chevrolet’s dealership.  [..] Read More..

Traffic stop did not commence when officer briefly activated emergency lights.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1635960 , Decision Date: 2016-05-25 
Attachment: Click here to download the decision. 

An officer’s activation of emergency lights may constitute a “show of authority” effectuating a seizure.  However, activation of blue lights is not irrefutable evidence of a traffic stop; whether an individual has been seized must be determined by analyzing “all of the circumstances surrounding the [..] Read More..

« Previous PageNext Page »