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Gillis v. City of Waycross

Canon 3E of The Code of Judicial Conduct provides a broader rule of disqualification than the limited grounds set forth in O.C.G.A. § 15-1-8.

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In November 1998, five residents of Ware County brought suit to prevent the City of Waycross from rezoning approximately 37 acres of land known as Winona Park or Scout Lake, and conveying it at no cost to the Waycross-Ware County Development Authority “WWDA”, which has plans to transfer the property at no cost to The Jones Company, a large Waycross-based corporation, for use as the site of their corporate offices. The defendants are the city of Waycross, Ware County, the WWDA, and The Jones Company. After a three-day bench trial in June 1999, Superior Court Judge Joseph B. Newton ruled in favor of the defendants on all counts. The residents enumerate 17 errors.

The property owners allege that the trial judge erred in failing to refer to another judge their two separate motions to recuse or disqualify him.

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