Bobby Richardson, Sr., commenced this action seeking declaratory relief and an order from the trial court to remove county commissioner Frankie C. Phillips from office in accordance with a local act and OCGA § 36-1-14.1 The trial court denied summary judgment to Richardson and granted summary judgment to Phillips after concluding that Richardson’s claims were moot. For the reasons discussed below, we conclude that Richardson’s cause of action for declaratory relief was moot, but not his separate statutory cause of action seeking to have Phillips removed from office. Accordingly, we affirm in part, vacate in part, and remand for further proceedings consistent with this opinion. Summary judgment is appropriate if the pleadings and evidence show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. On appeal from the grant or denial of summary judgment, we conduct a de novo review, with all reasonable inferences construed in the light most favorable to the nonmoving party. Citations and punctuation omitted. Insurance Co. of Pa. v. APAC-Southeast , 297 Ga. App. 553 677 SE2d 734 2009. See also OCGA § 9-11-56 c. So viewed, the record shows that in 1995, before she was elected as a county commissioner in Miller County, Phillips purchased a building and lot on the courthouse square, where she operated an antique store the “Property”. The owner at the time of the purchase, Hilda J. Grow, self-financed the sale of the Property. Phillips made a cash down payment and executed a promissory note in the principal amount of $42,000 and a deed to secure debt in favor of Grow. Annual payments under the promissory note were set in the amount of $5,367 to be paid to Grow each July 1 for a term of 15 years. The promissory note also included a prepayment penalty of 20 percent if the balance was paid off prior to July 1, 2005.
In the fall of 1996, Phillips was elected to the Board of Commissioners of Miller County and began serving in that capacity in January 1997. Phillips has continued serving as a county commissioner since that date.
