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Kemp v. Monroe County

The trial court erred in ruling on remand that the Secretary of State could not hold a new hearing or consider additional evidence before making his final determination in a long-running boundary line dispute between two counties.

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This is the second time this case involving a long-running boundary line dispute between Monroe County and Bibb County has appeared before this Court. See Bibb County v. Monroe County, 294 Ga. 730 755 SE2d 760 2014 “Bibb County I”. In the prior appeal, we reversed the trial court’s grant of mandamus relief and remanded the case with direction for further proceedings consistent with our opinion. On remand, the trial court entered an order directing Secretary of State Brian Kemp the “Secretary” to consider certain evidence and to preclude him from the consideration of other evidence in determining the true boundary line between the counties. See OCGA § 36-3-20 et seq. Both the Secretary and Bibb County filed appeals from the trial court’s order, and for the reasons discussed below, we reverse and remand the case to the trial court.

The facts, as set out in our previous opinion, show that:

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