O.C.G.A.
O.C.G.A.

O.C.G.A. § 12-5-245 (2019)

Injunctive relief

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Any activity in violation of this part or of any ordinance or regulation adopted pursuant to this part shall be a public nuisance; and such activity may be enjoined or abated by an action filed in the appropriate superior court by the Attorney General on behalf of the department, by any local unit of government affected, or by any person. Upon showing of any activity in violation of this part or of any ordinance or regulation adopted pursuant to this part, a temporary restraining order, a permanent or temporary injunction, or other order shall be granted without the necessity of showing lack of an adequate remedy at law and irreparable injury. The relief granted by the court in an action filed pursuant to this Code section may include, but shall not be limited to, an order requiring the sand dunes, beaches, and submerged lands to be returned to their condition prior to such violation.

History

Code 1981, § 12-5-245, enacted by Ga. L. 1992, p. 1362, § 1.

Annotations

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). Suit seeking injunctive relief proper. - Trial court erred in dismissing a claim for injunctive relief because the issuance of letters of permission by the Department of Natural Resources for activities that required a permit under the Shore Protection Act, O.C.G.A. § 12-5-237, were subject to challenge under O.C.G.A. § 12-5-245; the center’s claim for declaratory relief from letters already issued was properly dismissed because a justiciable controversy no longer

existed for which a declaratory judgment would have been appropriate. Ctr. for a Sustainable Coast, Inc. v. Ga. Dep’t of

Natural Res., 319 Ga. App. 205, 734 S.E.2d 206 (2012).

RESEARCH REFERENCES C.J.S. - 39A C.J.S., Health and Environment, §§ 141, 146. ALR. - Requirement that there be continuing violation to maintain citizen

suit under federal environmental protection statutes - post-Gwaltney cases, 158 A.L.R. Fed. 519.

Notes of Decisions
Cited in 6 cases, 2012–2014 · leading case: Georgia Dep't of Nat. Resources v. Ctr. for a Sustainable Coast, Inc., 755 S.E.2d 184 (Ga. 2014).
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Georgia Dep't of Nat. Resources v. Ctr. for a Sustainable Coast, Inc., 755 S.E.2d 184 (Ga. 2014). · cites it 20× “Additionally, the trial court dismissed the Center’s request for injunctive relief based on its conclusion that this claim was directly dependent upon the viability of its declaratory judgment claim.”
Ctr. for a Sustainable Coast, Inc. v. Georgia Dep't of Nat. Resources, 734 S.E.2d 206 (Ga. Ct. App. 2012). · cites it 4× “In its petition, the Center asserted that it was authorized to bring suit under OCGA § 12-5-245, which provides, in relevant part, that [u]pon showing of any activity in violation of this part or of any ordinance or regulation adopted pursuant to this part, a *209 temporary…”
City of Hapeville Et Al. v. Grady Mem'l Hosp. Corp., 761 S.E.2d 871 (Ga. Ct. App. 2014). · cites it 4× “This Court has, on the other hand, determined that such a right of action was not created by the Legislature’s enactment of the statute when it deals with claims by inmates against prison officials for failure to provide medical care.”
Ctr. for a Sustainable Coast, Inc. v. Georgia Departmet of Nat. Resources, 756 S.E.2d 554 (Ga. Ct. App. 2014). · cites it 2× “The Supreme Court held that “sovereign immunity bars the Center’s claim for injunctive relief against the State in this case, whether the Center brings that claim pursuant to the common law or [pursuant to] *289 OCGA § 12-5-245,” and, therefore, that we erred in holding that…”
Ctr. for a Sustainable Coast, Inc. v. Ga Dnr (Ga. Ct. App. 2012). · cites it 4× “In its complaint, the Center asserted that it was authorized to bring suit under OCGA § 12-5-245, which provides, in relevant part, that [u]pon a showing of any activity in violation of this part or of any ordinance or regulation adopted pursuant to this part, a temporary…”
Ctr. for a Sustainable Coast, Inc. v. Ga Dnr (Ga. Ct. App. 2014). · cites it 2× “The Supreme Court held that “sovereign immunity bars the Center’s claim for injunctive relief against the State in this case, whether the Center brings that claim pursuant to the common law or [pursuant to] OCGA § 12-5-245,” and, therefore, that we erred in holding that “the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.