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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.