Northway v. Allen, 728 S.E.2d 624 (Ga. 2012). · Go Syfert
Northway v. Allen, 728 S.E.2d 624 (Ga. 2012). Cases Citing This Book View Copy Cite
88 citation events (88 in the last 25 years) across 2 distinct courts.
Strongest positive: Wendy Norman v. Xytex Corporation (gactapp, 2019-06-21)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
examined Cited as authority (quoted) Wendy Norman v. Xytex Corporation (2×)
Ga. Ct. App. · 2019 · quote attribution · 2 verbatim quotes · confidence low
on appeal, a trial court's ruling on a motion to dismiss for failure to state a claim for which relief may be granted is reviewed de novo and the pleading being challenged, i.e., the complaint, is construed in favor of the party who filed it.
examined Cited as authority (rule) STEVEN WOMMACK v. G.S. CONSTRUCTION, INC. (4×) also: Cited "see"
Ga. Ct. App. · 2025 · confidence medium
Northway, 291 Ga. at 229 (citation modified).
cited Cited as authority (rule) WILLIAMS v. REGENCY HOSPITAL COMPANY, LLC
Ga. · 2025 · confidence medium
Northway v. Allen, 291 Ga. 227, 229 (2012).
examined Cited as authority (rule) WHITE v. CITY OF MABLETON (4×) also: Cited "see"
Ga. · 2025 · confidence medium
Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012) (citation and punctuation omitted).
discussed Cited as authority (rule) Gonzalez v. Miller (2×)
Ga. · 2024 · confidence medium
Additionally, “a trial court’s ruling on a motion to dismiss for failure to state a claim for which relief may be granted is reviewed de novo[,]” Northway v. Allen, 291 Ga. 227, 229 (728 SE2d 624) (2012), as is a trial court’s ruling on a motion for a judgment on the pleadings, Reliance Equities v. Lanier 5, 299 Ga. 891, 893 (1) (792 SE2d 680) (2016).
cited Cited as authority (rule) PAMELA STEFFEY v. AMERIS BANK
Ga. Ct. App. · 2023 · confidence medium
Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
cited Cited as authority (rule) PAMELA STEFFEY v. AMERIS BANK
Ga. Ct. App. · 2023 · confidence medium
Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited as authority (rule) RENASANT CORPORATION v. DEAN A. KORST
Ga. Ct. App. · 2021 · confidence medium
“The main consideration of such a motion to dismiss is whether, under the assumed set of facts, a right to some form of legal relief would 8 exist.” Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012) (citation and punctuation omitted).
discussed Cited as authority (rule) Philip Doe v. Saint Joseph's Catholic Church
Ga. Ct. App. · 2020 · confidence medium
A private nuisance is one limited in its injurious effects to one or a few individuals.”20 A public nuisance “does 18 See Davis v. City of Forsyth, 275 Ga. App. 747, 750 (2) ( 621 SE2d 495 ) (2005) (“The statute of limitations does not run in favor of public nuisances because of the impropriety of imputing laches to the public.”) (punctuation omitted). 19 See generally Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012) (“The main consideration of such a motion to dismiss is ‘whether, under the assumed set of facts, a right to some form of legal relief would exist”’ for…
cited Cited as authority (rule) NORMAN v. XYTEX CORPORATION
Ga. · 2020 · confidence medium
Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
cited Cited as authority (rule) Georgia Department of Transportation v. Cathy Mixon
Ga. Ct. App. · 2020 · confidence medium
Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012); James v. Georgia Dept. of Pub.
discussed Cited as authority (rule) Global Payments, Inc. v. Incomm Financial Services, Inc
Ga. · 2020 · confidence medium
“On appeal, a trial court’s ruling on a motion to dismiss for failure to state a claim for which relief may be granted is reviewed de novo.” Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited as authority (rule) Tracy Young v. Manning M. \Chip\" Goldsmith (2×)
unknown court · 2019 · confidence medium
Northway v. Allen, 291 Ga. 227, 229 (728 SE2d 624) (2012); City of Albany v. GA HY Imports, 348 Ga. App. 885, 887 (825 SE2d 385) (2019).
discussed Cited as authority (rule) Z-Space, Inc. v. Dantannas Cnn Center, LLC (2×)
Ga. Ct. App. · 2019 · confidence medium
Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
cited Cited as authority (rule) Silver Comet Terminal Partners, LLC v. Paulding County, Georgia
Ga. Ct. App. · 2017 · confidence medium
Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited as authority (rule) Abramyan v. State
Ga. · 2017 · confidence medium
“On appeal, a trial court’s ruling on a motion to dismiss for failure to state a claim for which relief may be granted is reviewed de novo.” Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited as authority (rule) ABRAMYAN v. STATE OF GEORGIA
Ga. · 2017 · confidence medium
“On appeal, a trial court’s ruling on a motion to dismiss for failure to state a claim for which relief may be granted is reviewed de novo.” Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited as authority (rule) Nasir v. Gwinnett County State Court
Ga. Ct. App. · 2017 · confidence medium
“On appeal, a trial court’s ruling on a motion to dismiss for failure to state a claim for which relief may be granted is reviewed de novo and the pleading challenged, i.e., the [complaint], is construed in favor of the party who filed it.” Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012) (citation omitted).
discussed Cited as authority (rule) Hamidullah Nasir v. Gwinnett County State Court
Ga. Ct. App. · 2017 · confidence medium
“On appeal, a trial court’s ruling on a motion to dismiss for failure to state a claim for which relief may be granted is reviewed de novo and the pleading challenged, i.e., the [complaint], is construed in favor of the party who filed it.” Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012) (citation omitted).
discussed Cited as authority (rule) GeorgiaCarry.Org, Inc. v. Atlanta Botanical Garden, Inc.
Ga. · 2016 · confidence medium
“On appeal, a trial court’s ruling on a motion to dismiss for failure to state a claim for which relief may be granted is reviewed de novo.” Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited as authority (rule) Hughes v. the Cornerstone Inspection Group, Inc.
Ga. Ct. App. · 2016 · confidence medium
“On appeal, a trial court’s ruling on a motion to dismiss for failure to state a claim for which relief may be granted is reviewed de novo and the pleading challenged, i. e., the [complaint], is construed in favor of the party who filed it.” Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012) (citation omitted).
cited Cited as authority (rule) Cumberland Contractors, Inc. v. State Bank & Trust Co.
Ga. Ct. App. · 2014 · confidence medium
(Citations and punctuation omitted.) Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
cited Cited as authority (rule) Association of Guineans in Atlanta, Inc. v. DeKalb Country
Ga. · 2013 · confidence medium
Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited "see" Jovan Douglas v. Chirag Bhakta (2×)
Ga. Ct. App. · 2026 · signal: see · confidence high
See Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited "see" Adam Rice v. Fulton County, Georgia (2×)
Ga. Ct. App. · 2020 · signal: see · confidence high
See Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited "see" Jere Wood v. Michael Litten (2×)
Ga. Ct. App. · 2017 · signal: see · confidence high
See Northway v. Allen, 291 Ga. 227, 229, n. 2 ( 728 SE2d 624 ) (2012) (noting that the Supreme Court’s jurisdiction was based on the trial court’s ruling that a provision in a city charter was constitutional); see generally Jackson v. Inman, 232 Ga. 566, 568-571 (I) ( 207 SE2d 475 ) (1974) (direct appeal from trial court orders addressing, inter alia, the constitutionality of a city 1 Wood also has filed a notice of appeal to the Supreme Court; his appeal has been docketed in that Court as Case No. S18A0246. charter).
discussed Cited "see" The Best Jewelry Manufacturing Company, Inc. v. Fulton County, Georgia (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Northway v. Allen, 291 Ga. 227, 229-230 ( 728 SE2d 624 ) (2012) (reversing denial of motion to dismiss when petition to remove mayor alleged only that a mayor had refused to resign and had not alleged other facts sufficient to show that the mayor had abused his powers).
discussed Cited "see" State Bank and Trust Company v. Cumberland Contractors, Inc. (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Bailey v. Hall, 267 Ga. App. 222, 223, n. 1 ( 599 SE2d 226 ) (2004) (judgment may be affirmed as right for any reason when the judgment may be sustained upon legal basis apparent from the record that was fairly presented in court below). 9 (Citations and punctuation omitted.) Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited "see" DeKalb County School District v. Georgia State Board of Education (2×)
Ga. · 2013 · signal: see · confidence high
See Northway v. Allen, 291 Ga. 227, 230 ( 728 SE2d 624 ) (2012).
discussed Cited "see" Radio Perry, Inc. v. Cox Communications, Inc. (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited "see" Radio Perry, Inc. v. Cox Communications, Inc. (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See North-way v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited "see" Facility Investments, LP v. Homeland Insurance (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited "see" Facility Investments, Lp F/K/A Facility Investments, LLC v. Homeland Insurance Company of New York (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Northway v. Allen, 291 Ga. 227, 229 ( 728 SE2d 624 ) (2012).
discussed Cited "see, e.g." BARROW v. RAFFENSPERGER (Two Cases) (2×)
Ga. · 2020 · signal: see also · confidence medium
See also Northway v. Allen, 291 Ga. 227, 230 ( 728 SE2d 624 ) (2012); City of Ludowici v. Stapleton, 258 Ga. 868, 869 ( 375 SE2d 855 ) (1989).
Retrieving the full opinion text from the archive…
NORTHWAY
v.
ALLEN
S12A0492.
Supreme Court of Georgia.
Jun 18, 2012.
728 S.E.2d 624
2012 WL 2217621
2012 Ga. LEXIS 576
Bignault & Carter, Charles S. Herman, for appellant., Ratchford & Rafter, Richard R. Rafter, Claude M. Kicklighter, Jr., Andrea A. Smart, for appellee.
Benham.
Cited by 34 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Court of Appeals of Georgia (2)
Benham, Justice.

Appellant Mayor Jeffrey Northway was elected mayor of the City of Springfield, Georgia in November 2009 and took office in January 2010. In October 2010, an ethics complaint and investigation was[*228] initiated against him before the City’s ethics committee. On November 22, 2010, before the ethics investigation was completed, appellees, who are members of the Springfield City Council, voted in a private executive session to ask for appellant’s resignation pursuant to Section 45 of the City of Springfield’s Charter. Appellant refused to resign.

Section 45 of the City of Springfield’s Charter states in pertinent part:

. . . should the mayor or any member of the city council be guilty of malpractice in office, willful neglect of duty, gross and willful abuse of the powers entrusted to them or for any reason become incompetent or unfit to fill such office, in the judgment of any four members of council then and in that event, they are authorized to ask for his resignation, and upon his failure to resign at once, or within five days, it shall be the duty of the four members of council jointly, to bring a rule against such offending officer setting up the charges against him before the judge of the Superior Court of Effingham County... and the said judge of the Superior Court is hereby granted power and authority to pass upon said rule, and may in his judgment, remove the officer there in charge and declare the office vacant, and this judgment shall be final.

After appellant refused to resign, appellees petitioned the superior court for appellant’s removal pursuant to Section 45. The petition for removal set forth seven enumerations as the basis for the action. Paragraph one claimed proper jurisdiction and venue, paragraph four quoted Section 45, and paragraph seven prayed for relief from the trial court — specifically, that appellant be removed from office “[d]ue to [his] failure to resign within the specified time----” The four other paragraphs made the following factual allegations: that appellant was elected mayor of Springfield in 2009, that appellees were city council members, that appellees asked for appellant’s resignation as mayor, and that appellant failed to resign.

Appellant moved to dismiss the petition for removal pursuant to OCGA § 9-11-12 (b) (6), arguing that the petition did not state a claim for which relief could be granted and arguing a number of theories challenging the constitutionality of Section 45. The trial court held a hearing on the motion to dismiss. During the hearing, counsel for appellees admitted that appellees did not include in the petition any allegations of “malpractice in office, willful neglect of duty, gross and willful abuse of the powers... or [incompetence]... or [unfitness]” on[*229] the part of appellant.[1] After hearing the parties’ arguments, the trial court denied the motion to dismiss and denied appellant’s request for a certificate of immediate review. The case proceeded and the trial court held a three-day bench trial in July 2011, during which testimony was given and evidence submitted. On August 1, 2011, the trial court entered an order removing appellant from office pursuant to Section 45, and appellant brought this appeal.[2]

Among his enumerations of error, appellant contends the trial court erred when it failed to dismiss the petition for removal pursuant to OCGA § 9-11-12 (b) (6). Onappeal, a trial court’s ruling on a motion to dismiss for failure to state a claim for which relief may be granted is reviewed de novo and the pleading being challenged, i.e., the petition for removal, is construed in favor of the party who filed it. Southstar Energy Svcs., LLC v. Ellison, 286 Ga. 709 (1) (691 SE2d 203) (2010). A motion to dismiss pursuant to OCGA § 9-11-12 (b) (6) will not be sustained unless

(1) the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof; and (2) the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought. . . .

Stendahl v. Cobb County, 284 Ga. 525 (1) (668 SE2d 723) (2008). The main consideration of such a motion to dismiss is “whether, under the assumed set of facts, a right to some form of legal relief would exist.” Charles H. Wesley Ed. Foundation v. State Election Bd., 282 Ga. 707, 714 (1) (654 SE2d 127) (2007) (Sears, C. J., dissenting). If material allegations are missing from a pleading, then the pleading fails. Patrick v. Verizon Directories Corp., 284 Ga. App. 123, 124 (643 SE2d 251) (2007).

In its order denying dismissal, the trial court stated the following as to the sufficiency of the petition: “as this case is governed by the Civil Practice Act, all that was required of the Petitioners was a petition which contains a short and plain statement of the claims showing why they are entitled to relief.” While this is a correct statement of the law (see OCGA § 9-11-8 (a) (2) (A)), in this case, appellees did not include any allegations in their petition “showing[*230] why they are entitled to relief.” The allegations in the petition state that appellees requested appellant to resign and that appellant failed to do so. These allegations, taken as true, cannot explicitly or implicitly be interpreted to support the relief appellees were seeking — namely, appellant’s removal from elected office. Elected officials in Georgia have a property right in their office that cannot be taken away without due process of law. City of Ludowici v. Stapleton, 258 Ga. 868, 869 (375 SE2d 855) (1989). Even under our notice pleading system, appellees were required to put forth plainly-stated allegations in the petition which, taken as true, would support removal of appellant from office under Section 45 — i.e., allegations that demonstrated appellant’s purported “malpractice in office, willful neglect of duty, gross and willful abuse of the powers ... or [incompetence]... or [unfitness] .’’Appellant’s mere refusal to resign on request does not create any basis for the relief requested.[3] The trial court erred when it denied appellant’s motion to dismiss and allowed the case to proceed with the petition as pled. The error was not harmless because throughout the proceedings appellant was forced to guess as to what charges he would be required to defend himself. Accordingly, the trial court’s judgment removing appellant from office is reversed, and the trial court is directed to grant appellant’s motion to dismiss.[4]

Decided June 18, 2012. Bignault & Carter, Charles S. Herman, for appellant. Ratchford & Rafter, Richard R. Rafter, Claude M. Kicklighter, Jr., Andrea A. Smart, for appellee.

Judgment reversed and case remanded with direction.

All the Justices concur.
1

At the hearing, counsel for appellees offered to file an amended petition with more allegations contingent upon appellant agreeing to forego discovery.

2

This Court’s jurisdiction is based on the trial court’s ruling that Section 45 of the City of Springfield’s Charter is constitutional.

3

Appellees’ contention that the then-pending ethics committee proceeding provided proper notice to appellant of the charges against him does not cure the fundamental insufficiency of the petition for removal. In fact, had the trial court considered the ethics complaint and any other accompanying materials of the ethics proceeding in its deliberation of the motion to dismiss, it would have been considering matters outside of the pleadings and would have been required to convert appellant’s motion to dismiss into a motion for summary judgment. OCGA § 9-11-12 (b); Cox Enterprises v. Nix, 273 Ga. 152, 153 (538 SE2d 449) (2000). Furthermore, appellant was never determined to be in violation of the City’s ethics code.

4

Because we have reversed the judgment of the trial court, we need not address appellant’s remaining enumerations of error.