· 2/24/2014
Georgia Department of Natural Resources v. Center for a Sustainable Coast, Inc.
Citations
- 294 Ga. 593
- 755 S.E.2d 184
- 2014 Fulton County D. Rep. 262
- 2014 WL 696487
- 2014 Ga. LEXIS 132
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that sovereign immunity barred injunctive relief against the State and overruling Evans
- explaining that * \[t]he reliance on\ a prior precedent was \limited\ where \our research ha[d] uncovered only four published cases that ha[d] applied its holding\
- explaining that “[t]he reliance on” a prior precedent was “limited” where “our research ha[d] uncovered only four published cases that ha[d] applied its holding”
- noting that the issue of sovereign immunity is a question of law which is reviewed de novo
- recognizing that “the ‘nuisance exception’ [to sovereign immunity] . . . was not an exception at all, but instead, a proper recognition that the Constitution itself requires just compensation for takings and cannot, therefore, be understood to afford immunity in such cases.”
- explaining that a case is moot “[w]hen the remedy sought in the trial court is no longer available,” as when “the thing sought to be enjoined in fact takes place”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hunstein
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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