X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This case involves an effort by Mortgage Alliance Corporation “MAC” to develop property in Pickens County as a residential subdivision called Silverstone. In August 2008, MAC filed a complaint in superior court against the county and various county officials alleging, among other things, that an August 2006 letter to MAC from the county’s sole commissioner the “August 2006 Letter”, which said that the county’s position was that any proposal to develop MAC’s property as a subdivision would need to comply with a recent amendment to the county’s land use ordinances, resulted in a taking of MAC’s property without just compensation. The trial court granted summary judgment to the defendants on the ground that MAC’s complaint was untimely under OCGA § 5-3-20.1 The Court of Appeals affirmed, see Mortgage Alliance Corp. v. Pickens County, 316 Ga. App. 755 730 SE2d 471 2012, and we granted MAC’s petition for certiorari.

The question that we posed to the parties in granting certiorari focused on whether and when the August 2006 Letter was “entered” and “filed” within the meaning of OCGA § 5-3-20, thereby triggering the 30-day deadline for MAC to file an appeal to the superior court. We have concluded, however, that this case is properly resolved on the ground that the August 2006 Letter was not a “decision” within the meaning of § 5-3-20, and indeed the county never made a final decision on MAC’s Silverstone proposal. Consequently, MAC’s inverse condemnation claim never ripened for judicial review, and the trial court should have granted summary judgment to the defendants on this ground. Although the trial court and the Court of Appeals erred in concluding there was an appealable decision, they reached the right result, and we therefore affirm the Court of Appeals’ judgment. See WMW, Inc. v. Am. Honda Motor Co., 291 Ga. 683, 683 733 SE2d 269 2012 affirming the Court of Appeals’ judgment on certiorari under the right-for-any-reason doctrine. Because the August 2006 letter was not a “decision,” there is no need for us to address—and the Court of Appeals did not need to address—whether and when the letter was “entered” or “filed”; the portion of the Court of Appeals’ opinion discussing that issue should be treated as dicta.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

Professor of Law Columbia Law School is seeking to hire one or more tenured faculty members in the area of law. Position will include te...


Apply Now ›

Senior Staff Associate I This position will collaborate with the Director and Research Staff of the Center for Public Research & Le...


Apply Now ›

Description: Fox Rothschild has an opening in the Washington, D.C. office for an aviation associate in the litigation department. The ideal ...


Apply Now ›