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

The petitioner's claim for injunctive relief did not run afoul of sovereign immunity because appellate courts recognize an exception to sovereign immunity when a party seeks injunctive relief against the State or a public official acting ultra vires, regardless of whether OCGA § 12-5-245 permits the claim.

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The Center for a Sustainable Coast, Inc., and two named plaintiffs collectively, “the Center” filed a petition for injunctive relief and declaratory judgment challenging the Georgia Department of Natural Resources’ “DNR” use of “letters of permission” to allow alterations to the coast that the Center contends require a permit.1 The trial court dismissed the petition, and the Center appeals this ruling.

On appeal, this Court reviews the denial of a motion to dismiss de novo. Scott v. Scott, 311 Ga. App. 726 1 716 SE2d 809 2011. In deciding the motion, we construe the pleadings in the light most favorable to the plaintiff with any doubts resolved in the plaintiff’s favor. Id. So viewed, the relevant facts show that the Center filed suit against several defendants, including DNR and the Coastal Resources Division “CRD”, which is a division of the DNR. The complaint alleged that the CRD was violating the Shore Protection Act “the Act” by issuing letters of permission for construction activities that, under the Act, require a permit. OCGA § 12-5-230 et seq. Pursuant to OCGA § 12-5-237,

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