Mike Layer built a sewer pumping station for Barrow County, and he allegedly entered into an agreement with the County pursuant to which he would retain an interest in a portion of the pumping capacity at the station. Layer, however, failed to get this alleged agreement in writing. After he was refused his alleged interest in the pumping capacity, Layer sued Barrow County, the City of Auburn, and a host of county and city officials in both their official and individual capacities, asserting breach of contract, unjust enrichment, breach of the implied covenant of good faith and fair dealing, promissory estoppel, and an unconstitutional taking of his property without just compensation. For these alleged wrongs, Layer sought an award of monetary damages and just compensation, as well as prospective relief in the nature of specific performance, but in the form of an injunction and writ of mandamus.1 The trial court dismissed his lawsuit, and Layer appeals. We affirm.
1. We begin with the dismissal of the claims sounding in breach of contract and various quasi-contractual theories of liability. As a general rule, counties enjoy sovereign immunity. See Toombs County v. O’Neal, 254 Ga. 390, 391 1 330 SE2d 95 1985 The constitutional reservation of sovereign immunity to ‘the State’ is a constitutional reservation of sovereign immunity to the counties of the State of Georgia.. And county officers sued in their official capacities — since a suit against a county officer in her official capacity is a suit against the county itself — enjoy the same sovereign immunity. Gilbert v. Richardson, 264 Ga. 744, 746 4, n. 4 452 SE2d 476 1994. Although sovereign immunity has been waived for actions ex contractu for the breach of any written contract, Ga. Const. of 1983, Art. I, Sec. II, Par. IX c emphasis supplied, sovereign immunity generally will bar a lawsuit for breach of an unwritten contract. Bd. of Regents of Univ. System of Ga. v. Winter, 331 Ga. App. 528, 532 2 771 SE2d 201 2015. And sovereign immunity also will bar a lawsuit for damages upon quasi-contractual theories of liability in the absence of a written contract. Carroll v. Bd. of Regents of Univ. System of Ga., 324 Ga. App. 598, 603 3 751 SE2d 421 2013. The alleged oral agreement with Barrow County is the basis for all of the contractual and quasi-contractual claims that Layer asserts in this case. With one exception, those contractual and quasi-contractual claims are barred by sovereign immunity as against the County and its officers in their official capacities.
