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Bulloch Cnty. Sch. Dist. v. Georgia Dep't of Educ.

The school district's claim for the disgorgement of funds from the State amounted to an action for money had and received or unjust enrichment, and sovereign immunity bars such actions.

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On May 16, 2011, the Georgia Supreme Court held the 2008 Georgia Charter Schools Commission Act, OCGA § 20-2-2081 et seq., unconstitutional because it violated the “special schools” provision of the Georgia Constitution, Ga. Const. of 1983 Art. VIII, Sec. V, Par. VII a. Gwinnett County School Dist. v. Cox, 289 Ga. 265 710 SE2d 773 2011. On March 2, 2012, the Bulloch County School District “the District”, one of seven plaintiff-appellants in the litigation, id. at 265 n.1, filed a “Motion for an Order Directing the Georgia Department of Education to Disgorge Funds Wrongfully Withheld from the District,” arguing that the Supreme Court’s decision should be applied retroactively under the three-pronged test established by the U. S. Supreme Court in Chevron Oil Co. v. Huson, 404 U. S. 97 92 SCt 349, 30 LE2d 296 1971. See Findley v. Findley, 280 Ga. 454, 460 629 SE2d 222 2006. The Department responded, asserting that the District’s claim was barred by sovereign immunity, that the claim was properly for money had and received and was asserted against the wrong party, that the claim was barred by the principles of unclean hands and laches, and that the Supreme Court’s decision should not be applied retroactively. The District did not file a reply brief below.

The trial court denied the District’s motion in a brief, nonspecific order, and the District appeals, arguing for the first time on appeal that its claim for disgorgement of funds falls under the contractual waiver to sovereign immunity in Ga. Const. Art. I, Sec. II, Par. IX c and OCGA § 50-21-1 a. Because the District’s claim is barred by sovereign immunity, we affirm.

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