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· 8/28/2007

Rutherford v. DeKalb County

Citations

  • 651 S.E.2d 771
  • 287 Ga. App. 366
  • 2007 Fulton County D. Rep. 2778
  • 2007 Ga. App. LEXIS 971

How courts have described this case

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

  • concluding sovereign immunity does not bar equal protection claims under state constitution, but ultimately granting summary judgment on other grounds
  • noting that a county may be liable through inverse condemnation when a nuisance amounts to a taking of property for public purposes because sovereign immunity is waived by the State Constitution’s eminent domain provision
  • sovereign immunity set forth in Ga. Const, of 1983, Art. I, Sec. II, Par. IX (e) extends to counties
  • sovereign immunity set forth in Ga. Const. of 1983, Art. I, Sec. II, par. IX (e) extends to counties
  • distinction between governmental and ministerial/proprietary functions 23 applies to cities, not counties

Source: CourtListener parenthetical corpus (CC0).

Judges: Blackburn, Ruffin, Bernes

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.