exception to sovereign immunity (Georgia) · Go Syfert
← Georgia issues

exception to sovereign immunity in Georgia

11 Georgia opinions name it 2 courts 1993–2021 2 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
City of Thomasville v. Shankgreen
ga · 1993 · cited in 4 Georgia opinions naming this issue, 2014–2021
2 sentences

2021(Punctuation and indention omitted.) Id., quoting City of Thomasville v. Shank, 263 Ga. 624, 624-625 (1) ( 437 SE2d 306 ) (1993).

2021Shank, 263 Ga. at 624-625 (1) (citations and punctuation omitted; emphasis added).

34
Department of Human Resources v. Coleygreen
gactapp · 2000 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014(Citations omitted.) Dept. of Human Resources v. Coley, 247 Ga. App. 392, 394 (1), n. 9 ( 544 SE2d 165 ) (2000), disapproved of on other grounds by Ga. Dept. of Transp. v. Heller, 285 Ga. 262, 266 (1) ( 674 SE2d 914 ) (2009).

2014(Citations omitted.) Dept. of Human Resources v. Coley, 247 Ga. App. 392, 394 (1), n. 9 ( 544 SE2d 165 ) (2000), disapproved of on other grounds by Ga. Dept. of Transp. v. Heller, 285 Ga. 262, 266 (1) ( 674 SE2d 914 ) (2009).

22
Georgia Department of Transportation v. Hellergreen
ga · 2009 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014(Citations omitted.) Dept. of Human Resources v. Coley, 247 Ga. App. 392, 394 (1), n. 9 ( 544 SE2d 165 ) (2000), disapproved of on other grounds by Ga. Dept. of Transp. v. Heller, 285 Ga. 262, 266 (1) ( 674 SE2d 914 ) (2009).

2014(Citations omitted.) Dept. of Human Resources v. Coley, 247 Ga. App. 392, 394 (1), n. 9 ( 544 SE2d 165 ) (2000), disapproved of on other grounds by Ga. Dept. of Transp. v. Heller, 285 Ga. 262, 266 (1) ( 674 SE2d 914 ) (2009).

22
International Business Machines Corp. v. Evansred
ga · 1995 · cited in 2 Georgia opinions naming this issue, 2012–2012
2 sentences

2012Business Machines Corp. v. Evans, 265 Ga. 215, 216 (1) ( 453 SE2d 706 ) (1995).

2012Business Machines Corp. v. Evans, 265 Ga. 215, 216 (1) ( 453 SE2d 706 ) (1995).

22
Hill v. Lundygreen
ga · 1903 · cited in 1 Georgia opinions naming this issue, 2021–2021
1 sentence

2021See Mayor, etc., of Dalton v. Wilson, 118 Ga. 100, 111 (44 SE 830) (1903) (noting “the well-established rule in this state that a municipal corporation is bound to keep its streets and sidewalks in a reasonably safe condition, and that the failure to perform this duty constitutes a breach of a ministerial duty[.]”) (emphasis added); Mayor & Aldermen of City of Savannah v. Herrera, 343 Ga. App. 424, 428 (1) (808 SE2d 416) (2017) (noting that “the duty to maintain city streets in a reasonably safe condition for travel” has been recognized as a ministerial duty “for more than a century”). 5 The G

11
Mayor of Dalton v. Wilsongreen
ga · 1903 · cited in 1 Georgia opinions naming this issue, 2021–2021
1 sentence

2021See Mayor, etc., of Dalton v. Wilson, 118 Ga. 100, 111 (44 SE 830) (1903) (noting “the well-established rule in this state that a municipal corporation is bound to keep its streets and sidewalks in a reasonably safe condition, and that the failure to perform this duty constitutes a breach of a ministerial duty[.]”) (emphasis added); Mayor & Aldermen of City of Savannah v. Herrera, 343 Ga. App. 424, 428 (1) (808 SE2d 416) (2017) (noting that “the duty to maintain city streets in a reasonably safe condition for travel” has been recognized as a ministerial duty “for more than a century”). 5 The G

11
MAYOR AND ALDERMEN OF the CITY OF SAVANNAH v. HERRERA Et Al.green
gactapp · 2017 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021See Mayor, etc., of Dalton v. Wilson, 118 Ga. 100, 111 (44 SE 830) (1903) (noting “the well-established rule in this state that a municipal corporation is bound to keep its streets and sidewalks in a reasonably safe condition, and that the failure to perform this duty constitutes a breach of a ministerial duty[.]”) (emphasis added); Mayor & Aldermen of City of Savannah v. Herrera, 343 Ga. App. 424, 428 (1) (808 SE2d 416) (2017) (noting that “the duty to maintain city streets in a reasonably safe condition for travel” has been recognized as a ministerial duty “for more than a century”). 5 The G

2021See Mayor, etc., of Dalton v. Wilson, 118 Ga. 100, 111 (44 SE 830) (1903) (noting “the well-established rule in this state that a municipal corporation is bound to keep its streets and sidewalks in a reasonably safe condition, and that the failure to perform this duty constitutes a breach of a ministerial duty[.]”) (emphasis added); Mayor & Aldermen of City of Savannah v. Herrera, 343 Ga. App. 424, 428 (1) (808 SE2d 416) (2017) (noting that “the duty to maintain city streets in a reasonably safe condition for travel” has been recognized as a ministerial duty “for more than a century”). 5 The G

11
City of Rome v. Jordangreen
ga · 1993 · cited in 1 Georgia opinions naming this issue, 2000–2000
1 sentence

2000See id. ("the abrogation or waiver of sovereign immunity in Georgia did not create a duty on the part of a municipality where none existed before").

11
Delta Air Corporation v. Kerseygreen
ga · 1942 · cited in 1 Georgia opinions naming this issue, 1993–1993
2 sentences

1993Delta Air Corp. v. Kersey, 193 Ga. 862, 870 ( 20 SE2d 245 ) (1942).

1993Delta Air Corp. v. Kersey, 193 Ga. 862, 870 ( 20 SE2d 245 ) (1942).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Georgia Department of Natural Resources v. Center for a Sustainable Coast, Inc. green
ga · 2014
2 sentences

2018Furthermore, our Supreme Court has held that prior cases finding an exception to sovereign immunity for claims in equity were in error, and that "sovereign immunity is a bar to injunctive relief at common law[.]" Ga. Dept. of Natural Resources v. Ctr. for a Sustainable Coast, Inc. , 294 Ga. 593 , 596-603 (2), 755 S.E.2d 184 (2014).

2018Furthermore, our Supreme Court has held that prior cases finding an exception to sovereign immunity for claims in equity were in error, and that "sovereign immunity is a bar to injunctive relief at common law[.]" Ga. Dept. of Natural Resources v. Ctr. for a Sustainable Coast, Inc. , 294 Ga. 593 , 596-603 (2), 755 S.E.2d 184 (2014).

12018–2018
Sjn Properties, LLC. v. Fulton County Board of Assessors green
ga · 2015
2 sentences

2018And "[u]nder the rationale of Sustainable Coast , it appears that, absent a statutory provision affording claimants an express right to seek declaratory relief against [a county], sovereign immunity would bar such claims." (Citations omitted.) SJN Props., LLC v. Fulton County Bd. of Assessors , 296 Ga. 793 , 802 (2) (b) (iii), 770 S.E.2d 832 (2015).

2018And "[u]nder the rationale of Sustainable Coast , it appears that, absent a statutory provision affording claimants an express right to seek declaratory relief against [a county], sovereign immunity would bar such claims." (Citations omitted.) SJN Props., LLC v. Fulton County Bd. of Assessors , 296 Ga. 793 , 802 (2) (b) (iii), 770 S.E.2d 832 (2015).

12018–2018

Statutes the citing opinions construe

GA § 36-33-1 (4) GA § 50-21-22 (3) GA § 50-21-23 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 45 (1985–2026) TX 39 (1994–2025) AR 21 (2013–2026) MO 17 (1994–2025) IL 12 (1996–2025) GA 11 (1993–2021) CT 10 (1994–2022) AL 8 (1995–2017) WI 6 (1967–2024) HI 5 (1996–2024) OH 5 (2002–2013) NM 4 (2003–2019) CA 3 (2018–2021) ME 2 (2007–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check