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State of GA v. International Keystone Knights of the Ku Klux Klan Inc.

The Supreme Court lacked appellate jurisdiction over the State's appeal in a lawsuit arising after the Georgia Department of Transportation denied a group's application to participate in Georgia's Adopt-A-Highway program, because the State failed to follow the proper procedures in filing its appeal.

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This case presents important questions about the doctrine of sovereign immunity and the constitutional guarantee of the freedom of speech. But before we can resolve those questions, we must consider our jurisdiction of this appeal. The case comes to us as an appeal of right. The appeal is taken, however, from a judgment of a superior court reviewing a decision of a state administrative agency, and under OCGA § 5-6-35 a 1, there is no appeal of right from such a judgment. An appeal from a judgment of that sort must come instead by way of an application for discretionary review. No application was filed in this case, and that leaves us without jurisdiction. For that reason, the appeal is dismissed.

1. As a part of its efforts to maintain the state highway system,1 the Georgia Department of Transportation administers the Adopt-A-Highway program, which encourages civic-minded Georgians to volunteer to remove litter along state and federal highways throughout Georgia. The Department has promulgated a number of conditions and requirements for those who seek to participate in the program.2 An organization, business, family, or other group can apply to adopt a particular stretch of highway, and if the Department approves an application, it assigns that stretch of highway to the applicant, the applicant commits to remove litter from the roadside from time to time, and the Department erects a sign along the highway to recognize the applicant. In May 2012, the International Keystone Knights of the Ku Klux Klan applied to participate in the program and sought to adopt a one-mile stretch of State Route 515 in Union County. The Department denied their application.

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