Credit: Brian Jackson/Adobe Stock High Court to Weigh If Amended Complaints Establish Sovereign Immunity Waiver
"To allow a waiver as a result of an amendment would strain a court's discretion when the complaint is deficient in the first place," read an appellant brief filed on behalf of Cobb County governmental defendants.
November 05, 2024 at 01:14 PM
6 minute read
What You Need to Know
- Supreme Court of Georgia to weigh whether amended complaints establish constitutional sovereign immunity waivers.
- Justices to hear oral arguments in two unaffiliated cases involving underlying zoning disputes Wednesday.
- Appellant counsel with Holt Ney Zatcoff & Wasserman in Atlanta will argue opposite appellee counsel with Powell & Edwards Attorneys at Law in Lawrenceville in the first oral argument.
- Appellant counsel with the Cobb County Attorney's Office will argue opposite appellee counsel with the Erramilli Law Group in Tucker in the second oral argument.
After hearing a pair of unaffiliated oral arguments this week, the Supreme Court of Georgia might soon clarify whether complaints can be amended under the Georgia Constitution to establish a waiver of sovereign immunity.
On Wednesday, justices are set to hear arguments surrounding Cobb and Walton county trial court rulings in underlying zoning disputes in which petitioners amended complaints to circumvent sovereign immunity afforded to governmental defendants.
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