Perdue v. Lake, 647 S.E.2d 6 (Ga. 2007). · Go Syfert
Perdue v. Lake, 647 S.E.2d 6 (Ga. 2007). Cases Citing This Book View Copy Cite
“as a general rule, standing must be determined at the time at which the plaintiff's complaint is filed in order to place an actual case or controversy within the purview of the court.”
86 citation events (86 in the last 25 years) across 4 distinct courts.
Strongest positive: Oni v. Oni. (gactapp, 2019-06-26)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
discussed Cited as authority (quoted) Oni v. Oni.
Ga. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence low
as a general rule, standing must be determined at the time at which the plaintiff's complaint is filed in order to place an actual case or controversy within the purview of the court.
discussed Cited as authority (rule) JANE DOE v. FLYNN D. BROADY, JR.
Ga. Ct. App. · 2023 · confidence medium
In other words, the plaintiff must be able to show that he or she has been harmed at the time that the complaint is filed alleging a constitutional violation.” (Citations and punctuation omitted.) Perdue v. Lake, 282 Ga. 348, 348 (1) ( 647 SE2d 6 ) (2007).
discussed Cited as authority (rule) Keondrae Stillwell v. Topa Insurance Company
Ga. Ct. App. · 2022 · confidence medium
S21A1261 and S21A1262, 2022 WL 677669 , at *4 (1) (2022) (noting that constitutional standing is a jurisdictional issue); Perdue v. Lake, 282 Ga. 348, 348 (1) ( 647 SE2d 6 ) (2007) (“As a general rule, standing must be determined at the time at which the plaintiff’s complaint is filed in order to place an actual case or controversy within the purview of the court.” (punctuation omitted)); Bowers v. Bd. of Regents of the Univ.
examined Cited as authority (rule) BLACK VOTERS MATTER FUND, INC. v. KEMP, GOVERNOR (Five Cases) (4×)
Ga. · 2022 · confidence medium
See Parker v. Leeuwenburg, 300 Ga. 789, 790 (797 SE2d 908) (2017) (“[S]tanding . . . is a jurisdictional issue[.]” (citations omitted)); Blackmon v. Tenet Healthsystem Spalding, Inc., 284 Ga. 369, 371 (667 SE2d 348) (2008) (“[A] plaintiff with standing is a prerequisite for the existence of subject matter jurisdiction[.]” (footnote omitted)); Perdue v. Lake, 282 Ga. 348, 348 (1) (647 SE2d 6) (2007) (“[S]tanding must be determined at the time at which the plaintiff’s complaint is filed in order to place an actual case or controversy within the purview of the court.” (citations and…
cited Cited as authority (rule) U-HAUL COMPANY OF ARIZONA Et Al. v. RUTLAND Et Al. and Vice Versa.
Ga. Ct. App. · 2019 · confidence medium
Perdue , 282 Ga. at 348 (1), 647 S.E.2d 6 ; Lewis , 341 Ga. App. at 845 (1) (b), 802 S.E.2d 844 .
examined Cited as authority (rule) Parker v. Leeuwenburg (3×) also: Cited "see, e.g."
Ga. · 2017 · confidence medium
As a prerequisite to attacking the constitutionality of a statute, the complaining party must show that it is hurtful to the attacker. 1 Agan v. State, 272 Ga. 540, 542 (1) ( 533 SE2d 60 ) (2000). “ ‘[Standing must be determined at the time at which the plaintiff’s complaint is filed’ in order to place an actual case or controversy within the purview of the court.” 2 (Citations omitted.) Perdue, 282 Ga. at 348 (1).
discussed Cited as authority (rule) Anderson Anesthesia, Inc. v. Anderson
Ga. Ct. App. · 2015 · signal: cf. · confidence medium
Cf. Perdue v. Lake, 282 Ga. 348, 348 (1) (a), 349 (2) (a) ( 647 SE2d 6 ) (2007) (“As a general rule, standing must be determined at the time at which the plaintiff’s complaint is filed in order to place an actual case or controversy within the purview of the court,” and the Georgia trial court had no jurisdiction over complaint filed without *441 standing); Julian v. Brooks, 269 Ga. 167, 167 ( 495 SE2d 569 ) (1998) (where appellants lack standing to invoke the jurisdiction of the court, dismissal was proper).
discussed Cited as authority (rule) Sherman v. City of Atlanta
Ga. · 2013 · confidence medium
Moreover, standing is determined as of the date the plaintiff initiates the lawsuit, see Perdue v. Lake, 282 Ga. 348, 348 ( 647 SE2d 6 ) (2007), and a person can change his residency at any time simply by moving to a new address with the intent to remain there permanently or indefinitely.
cited Cited as authority (rule) Gliemmo v. Cousineau
Ga. · 2010 · confidence medium
Standing is a “ ‘prerequisite to attacking the constitutionality of a statute.’ ” Perdue v. Lake, 282 Ga. 348, 348 ( 647 SE2d 6 ) (2007).
examined Cited as authority (rule) Common Cause/Georgia v. Billups (3×) also: Cited "see"
11th Cir. · 2009 · confidence medium
Id. at 7-8.
cited Cited as authority (rule) PHOENIX ON PEACHTREE CONDO. ASS'N, INC. v. Phoenix on Peachtree, LLC
Ga. Ct. App. · 2008 · confidence medium
It cannot be “based on events occurring after the initial complaint was filed.” Perdue, supra at 349 (2) (a). 5.
discussed Cited as authority (rule) Blackmon v. Tenet Healthsystem Spalding, Inc.
Ga. · 2008 · confidence medium
Co., 261 Ga. 214, 215-216 ( 403 SE2d 806 ) (1991) (holding it is within the equity powers of superior court to permit prosecution of wrongful death claim by guardian of minor children where surviving spouse refuses to do so); Emory Univ. v. Dorsey, 207 Ga. App. 808, 809 ( 429 SE2d 307 ) (1993) (same). 3 See Uniform Superior Court Rule 19.1 (A) (“[A] timely motion in any pending civil action or proceeding (1) by any party, that jurisdiction is lacking or that venue is improper, or (2) by the court, sua sponte, that subject matter jurisdiction is lacking, shall be treated as a motion to transf…
discussed Cited as authority (rule) Mikell v. Certain Underwriters at Lloyds, London
Ga. Ct. App. · 2007 · confidence medium
Blackburn, P. J., and Ruffin, J., concur. 1 Though the Mikells do not challenge the trial court’s ruling dismissing the initial action, we note that “a plaintiff must have standing on the date that his or her action is filed.” Perdue v. Lake, 282 Ga. 348, 349 (2) (a) ( 647 SE2d 6 ) (2007).
discussed Cited as authority (rule) Effingham County Board of Commissioners v. Effingham County Industrial Development Authority
Ga. Ct. App. · 2007 · confidence medium
Given the absence of a justiciable controversy, the trial court’s judgment must be vacated *751 and the case remanded for the trial court to dismiss the Authority’s declaratory judgment petition without prejudice. 5 See Perdue v. Lake, 282 Ga. 348, 349 (2) (c) ( 647 SE2d 6 ) (2007).
discussed Cited "see" T. Davis Humphries v. Newton County Board of Commissioners (2×)
Ga. Ct. App. · 2021 · signal: see · confidence high
If an injury is small or the mitigating circumstances are strong, nominal damages only are given.”). 9 See New Cingular Wireless PCS, LLC v. Ga. Dep’t of Rev., 303 Ga. 468, 470 (1) ( 813 SE2d 388 ) (2018) (explaining that standing must be addressed prior to considering the merits of a case); Sherman v. City of Atlanta, 293 Ga. 169, 172 (2) ( 744 SE2d 689 ) (2013) (“[S]tanding is in essence the question of whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues, and litigants must establish their standing to raise issues before they are …
discussed Cited "see" WILLIAMS v. DEKALB COUNTY (2×)
Ga. · 2020 · signal: see · confidence high
See Perdue v. Lake, 282 Ga. 348, 348 (1) ( 647 SE2d 6 ) (2007) (question of standing a prerequisite to evaluating merits of challenge to trial court’s order declaring statute unconstitutional). 11 See Division 3 (b) below for a discussion of standing conferred by a plaintiff’s status as a citizen or a taxpayer.
discussed Cited "see" Johnson Street Properties, LLC v. Clure (2×)
Ga. · 2017 · signal: see · confidence high
See generally Perdue v. Lake, 282 Ga. 348 (2) (c) ( 647 SE2d 6 ) (2007).
discussed Cited "see" Johnson Street Properties, LLC v. Clure (2×)
Ga. · 2017 · signal: see · confidence high
See generally Perdue v. Lake, 282 Ga. 348 (2) (c) ( 647 SE2d 6 ) (2007).
discussed Cited "see" Gaddy v. Georgia Department of Revenue (2×)
Ga. · 2017 · signal: see · confidence high
See footnote 2, supra. See Perdue v. Lake, 282 Ga. 348 ( 647 SE2d 6 ) (2007) and cases cited therein. 269 Ga. 202 , 204 (1) n. 6 ( 496 SE2d 727 ) (1998).
examined Cited "see" PARKER v. LEEUWENBERG (3×) also: Cited "see, e.g."
Ga. · 2017 · signal: see · confidence high
See Manlove v. Unified Govt. of Athens-Clarke County, 285 Ga. 637, 638 ( 680 SE2d 405 ) (2009). 3 (2000). “‘[S]tanding must be determined at the time at which the plaintiff’s complaint is filed’ in order to place an actual case or controversy within the purview of the court.”2 (Citations omitted.) Perdue, 282 Ga. at 348 (1).
discussed Cited "see" georgiacarry.org, Inc. v. James (2×)
Ga. · 2016 · signal: see · confidence high
See generally Perdue v. Lake, 282 Ga. 348 (1) ( 647 SE2d 6 ) (2007).
discussed Cited "see, e.g." REPUBLICAN NATIONAL COMMITTEE v. ETERNAL VIGILANCE ACTION, INC. (Two Cases) (2×)
Ga. · 2025 · signal: compare · confidence medium
Compare Perdue v. Lake, 282 Ga. 348, 348-350 (2) ( 647 SE2d 6 ) (2007) (voter lacked standing to challenge a statute requiring a photo ID as an unconstitutional restriction on her right to vote because, at the time she filed her complaint, she could have voted in person without the need to show a photo ID and she had made no assertion that she lacked an acceptable form of a non-photo ID). 11 Absentee ballots are also scanned.
discussed Cited "see, e.g." REPUBLICAN NATIONAL COMMITTEE v. ETERNAL VIGILANCE ACTION, INC. (Two Cases) (2×)
Ga. · 2025 · signal: compare · confidence medium
Compare Perdue v. Lake, 282 Ga. 348, 348-350 (2) ( 647 SE2d 6 ) (2007) (voter lacked standing to challenge a statute requiring a photo ID as an unconstitutional restriction on her right to vote because, at the time she filed her complaint, she could have voted in person without the need to show a photo ID and she had made no assertion that she lacked an acceptable form of a non-photo ID). 11 Absentee ballots are also scanned.
discussed Cited "see, e.g." Franklin County v. Sherran Lynn Wasserman (2×)
Ga. Ct. App. · 2023 · signal: see also · confidence low
(Citations and punctuation omitted.) U-Haul Co. of Arizona v. Rutland, 348 Ga. App. 738, 742-743 (1) ( 824 SE2d 644 ) (2019); see also Perdue v. Lake, 282 Ga. 348 (1) ( 647 SE2d 6 ) (2007).
discussed Cited "see, e.g." LARRY C. OLDHAM v. PHILLIP M. LANDRUM, III (2×)
Ga. Ct. App. · 2022 · signal: see also · confidence medium
See Rampersad v. The Plantation at Bay Creek Homeowners Ass’n, Inc., ___ Ga. App. ___ (1) (Case No. A21A1490, Decided January 21, 2022); see also Perdue v. Lake, 282 Ga. 348, 348 ( 647 SE2d 6 ) (2007) (standing “must be determined at the time at which the plaintiff’s complaint is filed in order to place an actual case or controversy within the purview of the court”) (citation and punctuation omitted).
discussed Cited "see, e.g." Blair v. Bishop (2×)
Ga. Ct. App. · 2008 · signal: see also · confidence medium
See also Perdue v. Lake, 282 Ga. 348, 348-349 (2) ( 647 SE2d 6 ) (2007).
Retrieving the full opinion text from the archive…
PERDUE Et Al.
v.
LAKE Et Al.
S07A0525.
Supreme Court of Georgia.
Jun 11, 2007.
647 S.E.2d 6
Thurbert E. Baker, Attorney General, Stefan E. Ritter, Senior Assistant Attorney General, Troutman Sanders, Mark H. Cohen, Strickland, Brockington & Lewis, Anne W. Lewis, for appellants., Roy E. Barnes, Jennifer A. Jordan, Parks & Chesin, A. Lee Parks, for appellees., Bondurant, Mixson & Elmore, Emmet J. Bondurant, David G. Brackett, Jason J. Carter, amici curiae.
Melton, Sears, Benham, Carley, Thompson, Hines, Hunstein.
Cited by 36 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 57%
Citer courts: Court of Appeals of Georgia (1)
Melton, Justice.

Sonny Perdue, in his capacity as Governor, and the State Election Board (“Appellants”) appeal the trial court’s determination that the 2006 Photo ID Act (“2006 Act”) violates Art. II, Sec. I, Pars. II and III of the Georgia Constitution by requiring in-person voters to present a photo ID verifying their identity. Because the sole remaining plaintiff in this case, Rosalind L. Lake, [1] lacks standing to challenge the constitutionality of the 2006 Act, we reverse.

1. In deciding this matter, we must determine whether the trial court had the appropriate jurisdiction over the underlying case to reach the conclusions that it did. Specifically, we must determine whether Lake had standing to pursue her claims. “The only prerequisite to attacking the constitutionality of a statute is a showing that it is hurtful to the attacker.” (Citation and punctuation omitted.) Agan v. State, 272 Ga. 540, 542 (1) (533 SE2d 60) (2000). As a general rule, “standing must be determined at the time at which the plaintiffs complaint is filed” in order to place an actual case or controversy within the purview of the court. See, e.g., Focus on the Family v. Pinellas Suncoast Transit Auth., 344 F3d 1263, 1272 (11th Cir. 2003); Ga. Power Co. v. Allied Chem. Corp., 233 Ga. 558 (212 SE2d 628) (1975). In other words, the plaintiff must be able to show that he or she has been harmed at the time that the complaint is filed alleging a constitutional violation.

2. With these principles in mind, Lake’s status as a viable plaintiff must be examined as of July 3, 2006, the date that she filed her complaint seeking a declaratory judgment that the 2006 Act was unconstitutional to the extent that it placed an improper burden on her right to vote by requiring her to obtain one of six types of photo identification set forth in OCGA § 21-2-417 (a).

[*349] (a) It is undisputed that, on July 3, 2006, Lake, who had moved from Florida to Georgia, qualified as a first-time voter at the polls in this state in accordance with OCGA§ 21-2-417 (c), which provides, in relevant part:

An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state shall present to the poll workers either one of the forms of identification listed in subsection (a) of this Code section or a copy of a current utility bill, bank statement, government check, paycheck, or other document that shows the name and address of such elector.

(Emphasis supplied.) Therefore, at the time that she filed her complaint, Lake could have voted in person under the 2006 Act without the need to show a photo ID, and Lake has made no contention that she did not have any of the forms of non-photo identification allowed to be shown by first-time voters. As a result, Lake was qualified to vote in person under the 2006 Act at the time that she filed her complaint, and she suffered no harm from the 2006 Act. Accordingly, and as the trial court acknowledged, as a first-time voter who was qualified to vote at the time she filed her complaint, Lake lacked standing to challenge the constitutionality of the 2006 Act. See Agan, supra.

Lake nonetheless contends that the trial court properly found that she acquired standing by considering the complaint to be amended by the fact that, on July 18, 2006, her status as a first-time voter changed because she was allowed to vote in person by affidavit. In other words, Lake argues that actions taken by her after the filing of the complaint created standing. This argument must fail. As stated previously, a plaintiff must have standing on the date that his or her action is filed. Subsequent amendments of a complaint which seek to confer standing based on events occurring after the initial complaint was filed cannot cure this jurisdictional defect. Because the original complaint was filed without standing and the trial court had no jurisdiction over that complaint, there is simply no viable document to amend.

(b) Moreover, under the facts of this case, Lake also lacked standing because, as of July 3, 2006, she did have a form of photo ID acceptable under the 2006Act. OCGA§ 21-2-417 (a) (2) indicates that proper photo identification includes a

valid Georgia voter identification card issued under Code Section 21-2-417.1 or other valid identification card issued[*350] by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the elector.
Decided June 11, 2007 Reconsideration denied July 27, 2007. Thurbert E. Baker, Attorney General, Stefan E. Ritter, Senior Assistant Attorney General, Troutman Sanders, Mark H. Cohen, Strickland, Brockington & Lewis, Anne W. Lewis, for appellants. Roy E. Barnes, Jennifer A. Jordan, Parks & Chesin, A. Lee Parks, for appellees. Bondurant, Mixson & Elmore, Emmet J. Bondurant, David G. Brackett, Jason J. Carter, amici curiae.

It is undisputed that, in order to be allowed to use paratransit services offered by MARTA pursuant to the Americans with Disabilities Act (ADA), Lake applied for, received, and currently retains a MARTA/ADA photo ID card containing her picture, name, and address. As Lake conceded at trial, MARTA is an entity of the State of Georgia, and it issued the photo ID as part of a procedure to comply with the regulations set forth in the ADA. This ADAparatransit photo ID, therefore, would qualify as a “valid identification card issued by [an] entity of the State of Georgia . . . authorized by law to issue personal identification.” OCGA § 21-2-417 (a) (2). Because Lake possesses a photo ID acceptable for in-person voting under the 2006 Act, once again, she lacks standing to challenge the Act as an unconstitutional restriction on her right to vote.

(c) Accordingly, due to Lake’s lack of standing, the trial court’s determination that the 2006 Act is unconstitutional must be vacated, and this case must be remanded with the direction that it be dismissed.

Judgment vacated and case remanded with direction.

Sears, C. J., Benham, Carley, Thompson and Hines, JJ., and Judge Debra Bernes concur. Hunstein, P. J., not participating.
1

Although Matthew L. Hess was originally named as a plaintiff, he voluntarily dismissed his claims after obtaining a state-issued photo ID which would qualify him to vote under the 2006 Act.