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

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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We granted certiorari in this case to determine whether the doctrine of sovereign immunity presents a bar to injunctive relief at common law. For the reasons set forth below, we find that sovereign immunity bars injunctive relief against the State at common law, and therefore, we overrule Intl. Bus. Machines Corp. v. Evans, 265 Ga. 215 453 SE2d 706 1995.

On April 5, 2011, Appellees Center for a Sustainable Coast, Inc., David R. Egan, and Melinda A. Egan collectively, “the Center” filed a declaratory judgment suit against Appellants Georgia Department of Natural Resources “DNR”, by and through its Director, Mark Williams; DNR’s Coastal Resources Division “CRD”, by and through its director A.G. “Spud” Woodward; and A.G. “Spud” Woodward in his official capacity as director of CRD collectively, “the State”. In its suit, the Center seeks to enjoin the State from issuing Letters of Permission “LOPs” to third parties authorizing land alterations to property within the jurisdiction of the Shore Protection Act “the Act”. OCGA § 12-5-230 et seq. The Center maintains that the State violates the Act each time it issues LOPs for activities on lands covered by the Act.

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