Ledford v. Department of Transportation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a declaratory judgment action under § 50-13-10 is unavailable when the plaintiff contends that a statute pursuant to which an agency rule was promulgated is unconstitutional and hence that the agency rule is unconstitutional
• where this court stated that Georgia courts will not grant declaratory relief concerning a constitutional question which could be raised on appeal from the administrative decision
• “[T]he administrative hearing came to be ‘in progress’ within the meaning of George . . . , when the plaintiffs were served with a notice of the hearing.”
• “OCGA § 50-13-10 is inapplicable here, as in George, because in their complaint the plaintiffs attack the constitutionality of the statute pursuant to which the [agency] rule was promulgated, as well as the rule itself.”

Source: CourtListener parenthetical corpus (CC0).