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City of Stockbridge v. Stuart

A mayor was entitled to attorneys' fees in his successful action against the city, as he was acting in his official capacity and was required to hire outside counsel to assert a legal position the city attorney could not assert on his behalf.

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The City of Stockbridge “the city” appeals from a trial court order granting Lee Stuart, the then Mayor of the City of Stockbridge “the mayor”, injunctive and declaratory relief, and attorney fees, in this dispute involving the extension of Ray Gibson’s employment contract as the city administrator.1 For the following reasons, we affirm.

The record reveals that in April 2011, the mayor and city council adopted an ordinance creating the position of city administrator. This ordinance, which amended the city’s Code of Ordinances, provided that the mayor desired to delegate certain of his powers and duties to that position pursuant to Section 3.21 of the Stockbridge City Charter “the charter” 1991 Ga. Laws 4359-4392. The new ordinance also provided:

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