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Plyman v. Glynn County

Laches barred the plaintiffs' suit claiming that the county could not expend SPLOST funds to improve city or state park facilities since the plaintiffs did not justify their failure to file suit until 42 days after certification of the election results approving the SPLOST.

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On July 17, 2001, the Glynn County Commission resolved to implement a special sales and use tax “SPLOST” in the County, subject to voter approval. On the same day, the County and the City of Brunswick agreed on a plan to distribute funds generated by the SPLOST. Thereafter, on September 12, the County and the Jekyll Island State Park Authority “JISPA” entered into a contract to undertake various SPLOST projects. The SPLOST vote took place six days later, on September 18. The voters approved the SPLOST and the election results were certified on September 19. The tax went into effect on January 1, 2002.1 In the meantime, on November 1, 2001, plaintiffs filed suit to enjoin the collection of the SPLOST, asserting that it is unlawful for the County to expend SPLOST funds to improve facilities owned and operated by the City and JISPA.

Each side moved for summary judgment. On July 25, 2002, the trial court awarded judgment to defendants, ruling that plaintiffs’ claim was barred by the doctrine of laches. Plaintiffs appeal in Case No. S03A0065; defendants cross-appeal in Case No. S03X0067. We affirm the judgment in the main appeal and dismiss the cross-appeal.

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