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2018 Georgia Code 12-5-230 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-5-230 Case Law from Google Scholar Amendments to OCGA 12-5-230

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 5. Water Resources, 12-5-1 through 12-5-586.

ARTICLE 4 COASTAL WATERS, BEACHES, AND SAND DUNES

12-5-230. Short title.

This part shall be known and may be cited as the "Shore Protection Act."

(Code 1981, §12-5-230, enacted by Ga. L. 1992, p. 1362, § 1.)

Law reviews.

- For annual survey on local government law, see 66 Mercer L. Rev. 135 (2014).

JUDICIAL DECISIONS

Sovereign immunity barred injunctive relief.

- In a suit brought by an organization seeking to enjoin the Georgia Department of Natural Resources from issuing letters of permission authorizing land alterations, the appellate court erred by reversing the dismissal of the organization's claim for injunctive relief because sovereign immunity barred injunctive relief against the State at common law and the plain language of the Shore Protection Act, O.C.G.A. § 12-5-245, did not provide for a specific waiver of governmental immunity. Ga. Dep't of Natural Res. v. Ctr. for a Sustainable Coast, Inc., 294 Ga. 593, 755 S.E.2d 184 (2014).

Cited in Ctr. for a Sustainable Coast, Inc. v. Ga. Dep't of Natural Res., 319 Ga. App. 205, 734 S.E.2d 206 (2012).

Cases Citing O.C.G.A. § 12-5-230

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Georgia Dep't of Nat. Resources v. Ctr. for a Sustainable Coast, Inc., 294 Ga. 593 (Ga. 2014).

Cited 132 times | Published | Supreme Court of Georgia | Feb 24, 2014 | 755 S.E.2d 184, 2014 Fulton County D. Rep. 262

...CRD (collectively, “the State”). In its suit, the Center seeks to enjoin the State from issuing Letters of Permission (“LOPs”) to third parties authorizing land alterations to property within the jurisdiction of the Shore Protection Act (“the Act”). OCGA § 12-5-230 et seq....
...The plain language of OCGA § 12-5-245 does not provide for a specific waiver of governmental immunity nor the extent of such a waiver, and therefore, no waiver can be implied or shown. See id. In considering the Act as a whole, it is clear that the General Assembly did not intend to waive sovereign immunity. See OCGA § 12-5-230 et seq. (no specific waiver or mention of a waiver of sovereign immunity). Moreover, even if there was a waiver of sovereign immunity, the Center cannot obtain an injunction against the State pursuant to OCGA § 12-5- 245 because the...