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Outdoor Sys. Inc. v. Cherokee County

Since defendant admitted in its answer that the applicable ordinance attached to plaintiff's complaint was a true and correct copy, a certified copy was not required.

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Outdoor Systems, Inc. appeals the trial court’s order which dismissed its claims against Cherokee County. Outdoor Systems brought the underlying declaratory judgment action for a determination that Cherokee County’s sign ordinance was unconstitutional. It also sought to enjoin Cherokee County from enforcing the ordinance against it. The trial court determined that Outdoor Systems failed to properly attach a certified copy of the ordinance to its complaint and dismissed its claims. Because Cherokee County admitted that the ordinance attached to Outdoor Systems’ complaint was a true and correct copy of the applicable ordinance, a certified copy was not necessary, and the trial court erred in dismissing Outdoor Systems’ claims.

As it appears that the trial court considered matters outside the pleadings in dismissing Outdoor Systems’ claims, we must review its decision as one granting summary judgment. Accordingly, we review the evidence de novo. See Schulze v. DeKalb County, 230 Ga. App. 305, 306 496 SE2d 273 1998.

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