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Gumz v. Irvin

The post-hearing conference did not constitute a meeting within the meaning of the Open Meetings Act.

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Vincent Gumz and Jim Cossett, residents of Marion County “the County”, sued the County and four members of the County’s Board of Commissioners “the Board”,1 among others, contending that they violated the Open Meetings Act “the Act”,2 by holding a private meeting in which they discussed a zoning matter. The trial court granted summary judgment to the defendants, and appellants appeal. We affirm for the reasons set forth below. “On appeal from the grant of summary judgment the appellate court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.”3

So viewed, the record shows that GRAAL Group, LLC “GRAAL”, and Ingram-Pike County Properties, Inc. “Ingram”, applied to the Board to rezone 1,723 acres of land owned by Ingram from agricultural to commercial. The application was granted, but an action was filed in superior court to declare the rezoning invalid. During a hearing on October 23, 2008, the superior court set aside the Board’s decision due to the County’s failure to comply with notice provisions of county ordinances and state law.4 Immediately after the hearing, four commissioners and the County’s zoning administrator, Steve White, met with the County attorney, Wayne Jernigan, to discuss the court’s decision. Ingram was present as well, represented by its president, Otis Ingram, and his attorneys. Jernigan explained that the court’s ruling was based on insufficient signs being posted on the property, among other things. The commissioners did not take any votes, make any decisions, or give any direction to White concerning the zoning matter.

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