Judge Howells - Administrative Law Report

ELECTION 2022: Candidate who held interest in timber farm and financed horse breeding met “practical farmer” qualification to run for Agriculture Commissioner

Elections

April 21, 2022

In concluding that Winfred Dukes qualified to be a candidate for Georgia Commissioner of Agriculture, the Court concluded he met the definition of “practical farmer” due to his holding a... Read More

ELECTION 2022: Candidate who grows flowers and is part-owner of timber farm meets “practical farmer” qualification to run for Agriculture Commissioner

Elections

April 20, 2022

This case involved a challenge to Nakita Hemingway’s candidacy for the office of Georgia Agriculture Commissioner. The Court concluded Ms. Hemingway did meet the qualification of being a “practical farmer,”... Read More

ELECTION 2022: Candidate who grows mushrooms for sale meets “practical farmer” qualification to run for Agriculture Commissioner

Elections

April 19, 2022

The Court concluded that Fred Swann, who grows and sells blue oyster mushrooms, was a “practical farmer” and therefore met the statutory requirements to run for the office of Georgia... Read More

Absent proof of emergency circumstances, facility must give notice before discharging patient

Bill of Rights

March 14, 2022

This case involved a long-term-care facility seeking an involuntary transfer of a PTSD patient who had a history of altercations with other patients. The Court reversed the discharge decision, on... Read More

Longstanding failure to comply with drinking-water laws results in $245,000 in civil penalties

Environmental Law

February 25, 2022

In a decision by Judge Howells, the owner of five public water systems for subdivisions and mobile home parks was ordered to pay $245,000 in civil penalties. The penalties arose... Read More

Judge upholds school district’s finding that child’s misconduct not caused by untreated impulsivity issues

Special Education

January 18, 2022

Judge Howells affirmed the school district’s manifestation determination that a 12-year-old’s misconduct—specifically, brandishing an airsoft gun at school—was not caused by the special-education student’s untreated issues with impulsivity. Read More