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Tisdale v. City of Cumming

The plaintiff's claims under Georgia's Open and Public Meetings Act were time-barred.

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Nydia Tisdale appeals1 the trial court’s order denying her claim for an injunction against the City of Cumming the “City” seeking a declaration that a real estate acquisition by the City on April 16, 2012, was ultra vires, null and void under Georgia’s Open and Public Meetings Act, OCGA § 50-14-1, et seq. the “Act”. Tisdale’s complaint also sought civil penalties and attorney fees under the Act. We affirm the trial court’s denial of Tisdale’s claims because we find that her complaint was untimely.

“Generally, a trial court’s discretion in granting or denying an injunction will not be disturbed on appeal as an abuse of discretion unless there was no evidence upon which to base the ruling or it was based on an erroneous interpretation of the law.” Citations omitted. Kim v. First One Group, LLC, 305 Ga. App. 861, 861 700 SE2d 729 2010. And we review issues of law de novo. Citation omitted. Harris v. The Southern Christian Leadership Conference, Inc., 313 Ga. App. 363, 364 721 SE2d 906 2011.

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