Center for a Sustainable Coast Inc. v. Georgia Dep't of Natural Res.

Sovereign immunity barred the plaintiff's claim for injunctive relief against the State regarding the issuance of Letters of Permission to third parties authorizing land alterations to property within the jurisdiction of the Shore Protection Act.

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In this action, the Center for a Sustainable Coast, Inc., and two named plaintiffs collectively, “the Center” filed a petition challenging the Georgia Department of Natural Resources’ “DNR” use of “letters of permission” to allow alterations to the coast that the Center contends require a permit. The trial court dismissed the petition, and the Center appealed. See Center for a Sustainable Coast, Inc. v. Ga. Dept. of Natural Resources, 319 Ga. App. 205 734 SE2d 206 2012.

1. In Division 2 of our decision, we held that the trial court erred in dismissing the Center’s claim for injunctive relief. Id. at 208-209 2. The Supreme Court of Georgia granted certiorari to determine whether the doctrine of sovereign immunity presents a bar to injunctive relief. Ga. Dept. of Natural Resources v. Center for a Sustainable Coast, Inc., __Ga.__ Case No. S13G0602, decided February 24, 2014. The Supreme Court held that “sovereign immunity bars the Center’s claim for injunctive relief against the State in this case, whether the Center brings that claim pursuant to the common law or pursuant to OCGA § 12-5-245,” and, therefore, that we erred in holding that “the Center’s claim for injunctive relief is viable.” Id. at __ 22. Accordingly, Division 2 of our decision in Center for a Sustainable Coast, Inc. v. Ga. Dept. of Natural Resources, 319 Ga. App. at 208-209 2, is vacated, the judgment of the Supreme Court is made the judgment of this Court, and the trial court’s ruling is affirmed in part insofar as it dismissed the Center’s claim for injunctive relief.

Center for a Sustainable Coast Inc. v. Georgia Dep't of Natural Res.

Sovereign immunity barred the plaintiff's claim for injunctive relief against the State regarding the issuance of Letters of Permission to third parties authorizing land alterations to property within the jurisdiction of the Shore Protection Act.

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