O.C.G.A.

O.C.G.A. § 48-8-165 (2019)

Benefit is to the state; no individual right to challenge or contest application

✓ 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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(a) The agreement authorized by this article binds and inures only to the benefit of this state and the other member states. No person, other than a member state, is an intended beneficiary of the agreement. Any benefit to a person other than a state is established by the law of this state and the other member states and not by the terms of the agreement.

(b) Consistent with subsection (a) of this Code section, no person shall have any cause of action or defense under the agreement or by virtue of this state’s approval of the agreement. No person may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of this state, or any political subdivision of this state on the ground that the action or inaction is inconsistent with the agreement.

(c) No law of this state, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the agreement.

History

Code 1981, § 48-8-165, enacted by Ga. L. 2004, p. 410, § 8.

Notes of Decisions

Cited in 2 cases, 2013–2013 · leading case: Georgia Power Co. v. Cazier, 740 S.E.2d 458 (Ga. Ct. App. 2013).

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Georgia Power Co. v. Cazier, 740 S.E.2d 458 (Ga. Ct. App. 2013). · cites it 2× “First, OCGA § 48-8-165 (b), which is part of the initial enactment whereby the state entered into the Agreement, provides that “no person shall have any cause of action .”

Georgia Power Co. v. Amy N. Cazier (Ga. Ct. App. 2013). · cites it 2× “11 First, OCGA § 48-8-165 (b), which is part of the initial enactment whereby the state entered into the Agreement, provides that “no person shall have any cause of action .”

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