Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448It is found and declared by the General Assembly:
(Code 1981, §50-27-2, enacted by Ga. L. 1992, p. 3173, § 2.)
- Georgia Lottery Corporation (GLC) is entitled to assert sovereign immunity as a bar to a suit under Ga. Const. 1983, Art. I, Sec. II, Para. IX, and the Georgia Tort Claims Act, O.C.G.A. § 50-21-20 et seq., because under the Georgia Lottery for Education Act, O.C.G.A. § 50-27-1 et seq., the purpose, function, and management of the GLC are indelibly intertwined with the state in a manner that qualifies the GLC for the protection of sovereign immunity as a state instrumentality; thus, the GLC must be classified as an instrumentality of the state to which sovereign immunity applies. Kyle v. Ga. Lottery Corp., 290 Ga. 87, 718 S.E.2d 801 (2011).
- Defendant's act of leaning over a store counter, tearing lottery tickets from the ticket's dispenser without paying for the tickets, and scratching the tickets to see if the defendant had won a prize fell within the plain meaning of the term "tampering" in O.C.G.A. § 50-27-27, in that the defendant's act forever changed the odds of winning for paying customers and directly influenced the potential winning of lottery prizes by future customers. If the defendant's activity did not constitute "tampering" within the meaning of § 50-27-27, the express intent of the Georgia General Assembly in § 50-27-2 that state lottery revenues be maximized and that the lottery be operated with integrity and dignity would be frustrated. Doe v. State, 290 Ga. 667, 725 S.E.2d 234 (2012).
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 2012-03-05
Citation: 290 Ga. 667, 725 S.E.2d 234, 2012 Fulton County D. Rep. 748, 2012 Ga. LEXIS 255
Snippet: is operated with integrity and dignity.” OCGA § 50-27-2 (3). It is with this express legislative intent
Court: Supreme Court of Georgia | Date Filed: 2011-11-21
Citation: 290 Ga. 87, 718 S.E.2d 801, 2011 Fulton County D. Rep. 3612, 2011 Ga. LEXIS 934
Snippet: function as an “entrepreneurial enterprise,” OCGA § 50-27-2 (2), and is not to be dependent on the state treasury