Court News


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Permits for outdoor signs properly denied due to issues with signs’ spacing and placement

Topic: Outdoor Advertising, Decided by Judge Howells 
Docket Number: 2202288 , Decision Date: 2021-12-14 
Attachment: Click here to download the decision. 

Judge Howells affirmed GDOT’s denial of an application for outdoor advertising permits for two proposed signs, where the placement of the first sign did not comport with rules regarding the spacing between such signs and the placement of the second sign was in a block-out zone.

Landfill’s permit holder lacked standing to seek refund from state’s Solid Waste Trust Fund

Topic: Environmental Law, Decided by Judge Howells 
Docket Number: 2202089 , Decision Date: 2021-11-19 
Attachment: Click here to download the decision. 

After foreclosure of a landfill, the new permit holder sought the return of funds deposited into the Solid Waste Trust Fund by the previous permit holder. In granting summary determination for the Environmental Protection Division, Judge Howells determined the new permit holder lacked standing to bring such a claim.

Currently on appeal before Gwinnett Superior Court.

Educator not required to report DUI conviction to PSC

Topic: Educators, Decided by Judge Teate 
Docket Number: 2205429 , Decision Date: 2021-11-08 
Attachment: Click here to download the decision. 

Judge Teate granted summary determination in favor of an educator, after concluding that the educator was not required to report a 2008 DUI conviction to the Professional Standards Commission.

Ethics commission’s case against candidate dismissed on statute of limitations grounds

Topic: Elections, Decided by Judge Walker 
Docket Number: 2125875 , Decision Date: 2021-10-18 
Attachment: Click here to download the decision. 

In granting a candidate’s motion to dismiss, Judge Walker concluded that this particular adverse action—which the Georgia Government Transparency and Campaign Finance Commission commenced itself, as opposed to being commenced by a third-party complaint—fell outside the relevant statute of limitations. Currently on appeal.

Dismissal granted in case alleging violation of campaign contribution limits

Topic: Elections, Decided by Judge Walker 
Docket Number: 2125871 , Decision Date: 2021-10-18 
Attachment: Click here to download the decision. 

Judge Walker granted a motion to dismiss allegations against a candidate for public office, brought by the Georgia Government Transparency and Campaign Finance Commission. The Judge concluded the existing law prohibiting “affiliated corporations” from exceeding maximum allowable contributions only punishes the donor, and not the [..] Read More..

Officer lacked authority to make DUI arrest outside of his jurisdiction

Topic: DUI, Decided by Judge Fry 
Docket Number: 2202688 , Decision Date: 2021-10-01 
Attachment: Click here to download the decision. 

In reversing an administrative suspension of a driver’s license, Judge Fry concluded that the arresting officer did not have authority to arrest the driver outside the officer’s jurisdiction.

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