Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Outdoor Advertising Ass'n of Ga. Inc. v. Garden Club of Ga. Inc.

The fact that former attorney general represented the state transportation department in plaintiff's first suit against it did not disqualify him from representing plaintiff in second suit, since he had only perfunctory involvement with the matter at issue.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In 1998, the General Assembly enacted OCGA § 32-6-75.1 through 32-6-75.3, governing the issuance of permits for trimming vegetation and trees on Georgia rights-of-way to facilitate the viewing of outdoor advertising signs.1 The legislation replaced certain regulations implemented by the Department of Transportation in 1994 which were declared unconstitutional in Garden Club of Georgia v. Shackelford, 266 Ga. 24 463 SE2d 470 1995 “Garden Club I”, as granting an illegal gratuity.2

The Garden Club of Georgia, Inc. and several of its individual members “Garden Club” filed the present complaint for declaratory and equitable relief against the Department of Transportation and its Commissioner, Wayne Shackelford “DOT”. The complaint alleged that the new statutes, implementing rules, and a DOT created Manual of Guidance Manual,3 violate the gratuities clause, exceed the rule making authority of the DOT under OCGA § 32-6-90, and contravene certain provisions of the Georgia Administrative Procedures Act, OCGA § 50-13-1 et seq. Outdoor Advertising Association of Georgia, Inc., and Chancellor Media Whiteco Outdoor Corporation “Advertisers” were granted permission to intervene as party defendants.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs