Center claim (Georgia) · Go Syfert
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Center claim in Georgia

6 Georgia opinions name it 2 courts 2012–2022 1 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 (4)

CaseFollowedCited
Center for a Sustainable Coast, Inc. v. Georgia Department of Natural Resourcesgreen
gactapp · 2012 · cited in 3 Georgia opinions naming this issue, 2014–2014
2 sentences

2014Accordingly, Division 2 of our decision in Center for a Sustainable Coast v. Ga. Dept. of Natural Resources, 319 Ga. App. at 208-209 (2), is vacated, the judgment of the Supreme Court is made the judgment of this Court, and the trial court’s ruling is affirmed in part insofar as it dismissed the Center’s claim for injunctive relief.

2014In Division 2 of our decision, we held that the trial court erred in dismissing the Center’s claim for injunctive relief. 319 Ga. App. at 208-209 (2).

33
South Point Retail Partners, LLC v. North American Properties Atlanta, Ltd.green
gactapp · 2010 · cited in 2 Georgia opinions naming this issue, 2012–2012
2 sentences

2012“A motion to dismiss may be granted only where a plaintiff would not be entitled to relief under any set of facts that could be proven in support of the plaintiff’s claim.” (Punctuation omitted.) South Point Retail Partners v. North American Properties Atlanta, 304 Ga. App. 419, 420 ( 696 SE2d 136 ) (2010).

2012“A motion to dismiss may be granted only where a plaintiff would not be entitled to relief under any set of facts that could be proven in support of the plaintiff’s claim.” (Punctuation omitted.) South Point Retail Partners v. North American Properties Atlanta, 304 Ga. App. 419, 420 ( 696 SE2d 136 ) (2010).

22
Phillips v. Harmongreen
ga · 2015 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022The duty of a defendant to preserve relevant evidence arises when it “knows or reasonably should know that . . . the plaintiff[] is in fact contemplating litigation, which the cases often refer to in terms of ‘notice’ to the defendant.” Phillips v. Harmon, 297 Ga. 386, 396 (II) ( 774 SE2d 596 ) (2015).

2022The duty of a defendant to preserve relevant evidence arises when it “knows or reasonably should know that . . . the plaintiff[] is in fact contemplating litigation, which the cases often refer to in terms of ‘notice’ to the defendant.” Phillips v. Harmon, 297 Ga. 386, 396 (II) ( 774 SE2d 596 ) (2015).

11
Cameron v. Langgreen
ga · 2001 · cited in 1 Georgia opinions naming this issue, 2014–2014
2 sentences

2014Lang, 274 Ga. 122,126 (3) ( 549 SE2d 341 ) (2001). 5 The Court of Appeals did not rule on whether sovereign immunity barred the Center’s claim for injunctive relief pursuant to OCGA § 12-5-245 and instead found the claim viable under the common law.

2014Lang, 274 Ga. 122,126 (3) ( 549 SE2d 341 ) (2001). 5 The Court of Appeals did not rule on whether sovereign immunity barred the Center’s claim for injunctive relief pursuant to OCGA § 12-5-245 and instead found the claim viable under the common law.

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

GA § 12-5-245 (5) GA § 12-5-235 (3) GA § 12-5-237 (3) GA § 12-5-238 (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

IL 10 (1943–2017) NY 9 (1979–2024) TX 8 (2002–2024) CA 6 (1964–2025) GA 6 (2012–2022) VA 4 (2001–2009) MO 3 (1990–2025) MI 3 (2017–2020) TN 2 (2007–2008) MD 2 (1995–2026) WI 2 (1998–2006) IN 2 (1999–2001) CT 2 (1975–2009) NJ 2 (1961–1961) NM 2 (2024–2024) UT 2 (2018–2018)

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.

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