authority to waive sovereign immunity (Georgia) · Go Syfert
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authority to waive sovereign immunity in Georgia

5 Georgia opinions name it 2 courts 1994–2019 0 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
Gilbert v. Richardsongreen
ga · 1994 · cited in 2 Georgia opinions naming this issue, 2014–2016
2 sentences

2016The plain and unambiguous text of the 1991 constitutional amendment shows that only the General Assembly has the authority to waive the State’s sovereign immunity. [Gilbert v. Richardson, 264 Ga. 744, 748 (3) ( 452 SE2d 476 ) (1994)] (subsection (e) of the amendment “confers upon the legislature the authority to waive sovereign immunity”); see also Woodard v. Laurens County, 265 Ga. 404 (1) ( 456 SE2d 581 ) (1995) (“A waiver of sovereign immunity is a mere privilege, not a right, and the extension of that privilege is solely a matter of legislative grace.”).

2016The plain and unambiguous text of the 1991 constitutional amendment shows that only the General Assembly has the authority to waive the State’s sovereign immunity. [Gilbert v. Richardson, 264 Ga. 744, 748 (3) ( 452 SE2d 476 ) (1994)] (subsection (e) of the amendment “confers upon the legislature the authority to waive sovereign immunity”); see also Woodard v. Laurens County, 265 Ga. 404 (1) ( 456 SE2d 581 ) (1995) (“A waiver of sovereign immunity is a mere privilege, not a right, and the extension of that privilege is solely a matter of legislative grace.”).

22
Woodard v. Laurens Countygreen
ga · 1995 · cited in 2 Georgia opinions naming this issue, 2014–2016
2 sentences

2016The plain and unambiguous text of the 1991 constitutional amendment shows that only the General Assembly has the authority to waive the State’s sovereign immunity. [Gilbert v. Richardson, 264 Ga. 744, 748 (3) ( 452 SE2d 476 ) (1994)] (subsection (e) of the amendment “confers upon the legislature the authority to waive sovereign immunity”); see also Woodard v. Laurens County, 265 Ga. 404 (1) ( 456 SE2d 581 ) (1995) (“A waiver of sovereign immunity is a mere privilege, not a right, and the extension of that privilege is solely a matter of legislative grace.”).

2016The plain and unambiguous text of the 1991 constitutional amendment shows that only the General Assembly has the authority to waive the State’s sovereign immunity. [Gilbert v. Richardson, 264 Ga. 744, 748 (3) ( 452 SE2d 476 ) (1994)] (subsection (e) of the amendment “confers upon the legislature the authority to waive sovereign immunity”); see also Woodard v. Laurens County, 265 Ga. 404 (1) ( 456 SE2d 581 ) (1995) (“A waiver of sovereign immunity is a mere privilege, not a right, and the extension of that privilege is solely a matter of legislative grace.”).

22
Georgia Department of Natural Resources v. Center for a Sustainable Coast, Inc.green
ga · 2014 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Ga. Dept. of Natural Resources v. Center for a Sustainable Coast, Inc. , 294 Ga. 593 , 599 (2), 755 S.E.2d 184 (2014).

2019Ga. Dept. of Natural Resources v. Center for a Sustainable Coast, Inc. , 294 Ga. 593 , 599 (2), 755 S.E.2d 184 (2014).

12
Curtis v. Board of Regents of the University System of Georgiagreen
ga · 1992 · cited in 1 Georgia opinions naming this issue, 1994–1994
2 sentences

1994As stated by then Chief Justice Clarke in Curtis v. Bd. of Regents, 262 Ga. 226, 227-228 ( 416 SE2d 510 ) (1992): The 1991 constitutional amendment, when viewed in light of the Georgia Tort Claims Act that was passed under its authority, does not evidence any intent by the Legislature to withdraw the waiver of sovereign immunity.

1994As stated by then Chief Justice Clarke in Curtis v. Bd. of Regents, 262 Ga. 226, 227-228 ( 416 SE2d 510 ) (1992): The 1991 constitutional amendment, when viewed in light of the Georgia Tort Claims Act that was passed under its authority, does not evidence any intent by the Legislature to withdraw the waiver of sovereign immunity.

11

Distinguished, questioned or overruled (0)

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

Where else courts name it

GA 5 (1994–2019) TX 2 (1998–2016) AR 2 (2022–2022) TN 2 (2005–2010)

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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