CopyCited 5 times | Published | Supreme Court of Georgia | Sep 28, 2020
...planning among municipal and county governments to “minimize
inefficiencies resulting from duplication of services and competition
between local governments and to provide a mechanism to resolve
disputes over local government service delivery, funding equity, and
land use.” OCGA §
36-70-20; see also OCGA §
36-70-1. Counties and
municipalities that approve a local government service delivery
strategy pursuant to OCGA §
36-70-25 must “review, and revise if
necessary, the approved strategy” in certain circumstances. OCGA
§
36-70-28 (b).1 No state-administered financial assistance or grant,
1 In particular, OCGA §
36-70-28 (b) provides as follows:
Each county and affected municipality shall review, and revise if
necessary, the approved strategy:
(1) In conjunction with updates of the comprehensive plan as
required by Article 1 of this c...
...distribution arrangements;
(3) Whenever necessary due to changes in revenue distribution
arrangements;
loan, or permit shall be issued to any local government or authority
that is not included in a service delivery strategy “verified” by DCA.
See OCGA §
36-70-27 (a) (1); see also OCGA §§
36-70-27 (c),
36-70-2
(4). OCGA §
36-70-25.1 provides a statutory process for mediation
and dispute resolution if affected local governments cannot reach an
agreement after the imposition of sanctions provided in OCGA § 36-
70-27.
Lowndes County and the cities within the...
...here, we conclude that the Court of Appeals erred by affirming the
dismissal of the County’s claims against the State Defendants in
their individual capacities on sovereign immunity grounds. The
County’s amended complaint alleges that, under OCGA §
36-70-25.1
5 As discussed in more detail below, this sort of relief is not at issue here,
so we need not consider whether that principle is correct....
...e planning[.]” OCGA §
50-8-3 (b) (5). And with respect to the SDS Act, the State Defendants
note, the statute provides that “[t]he department shall . . . verify”
that a service delivery strategy includes certain statutory
components. OCGA §
36-70-26 (emphasis added).
But by statute the DCA commissioner is the department’s
“chief executive officer and administrative head.” OCGA §
50-8-5 (a).
The commissioner’s powers include, among others, “[t]he power and
authority to take or cause to be taken any or all action ....
...its website notice that the
County and the Cities are ineligible for state administered financial
assistance, grants, loans, and permits, contrary to OCGA § 36-70-
25.1 (f), the terms and provisions of the existing strategy agreement,
and OCGA §
36-70-27.” And nothing in the complaint claims that
the alleged illegal actions are not subject to the direction and control
of the DCA commissioner or that the commissioner’s direction and
control over this conduct is somehow exempt from the DCA board’s
general authority to hire and fire the commissioner....
