J. Scott Jacobson of Holt Ney Zatcoff & Wasserman in Atlanta arguing as appellant counsel (left) and Anthony "Tony" O. Powell of Powell & Edwards Attorneys at Law in Lawrenceville, Georgia, arguing as appellee counsel in Warbler Investments LCC v. City of Social Circle before the Supreme Court of Georgia. (Images via Court Video) 'Paragraph V Displaced Lathrop': High Court Mulls Sovereign Immunity Waiver Disputes
"Is it your read of Paragraph V, that Paragraph V expanded sovereign immunity to claims that it had never applied to before?," Presiding Justice Nels S. D. Peterson asked appellant counsel during oral arguments Wednesday.
November 07, 2024 at 10:43 AM
7 minute read
What You Need to Know
- Supreme Court of Georgia weighs whether implications of amended complaints on constitutional sovereign immunity waivers.
- Justices heard oral arguments in two unaffiliated cases involving underlying zoning disputes Wednesday.
- Appellant counsel with Holt Ney Zatcoff & Wasserman in Atlanta argued 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 argued opposite appellee counsel with the Erramilli Law Group in Tucker in the second oral argument.
A pair of sovereign immunity appeals challenging whether Article I, Section II, Paragraph V of the Georgia Constitution prohibits amending complaints to cure failures to comply with requirements landed before the Supreme Court of Georgia for oral argument Wednesday.
While hearing arguments from opposing counsel involved in underlying Cobb and Walton county zoning disputes, justices honed in on whether the constitutional paragraph displaced existing case law that enabled individual capacity claims against officials.
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