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Call Now: 904-383-7448There is created a body corporate and politic to be known as the Georgia Lottery Corporation which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation.Venue for the corporation shall be in Fulton County.
(Code 1981, §50-27-4, enacted by Ga. L. 1992, p. 3173, § 2.)
Georgia Lottery Corporation is not a state "agency" entitled to the defense of sovereign immunity under the facts and law of an action brought to have certain lottery games declared illegal and unconstitutional. Jackson v. Georgia Lottery Corp., 228 Ga. App. 239, 491 S.E.2d 408 (1997).
- 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).
Cited in Kyle v. Ga. Lottery Corp., 304 Ga. App. 635, 698 S.E.2d 12 (2010); Ga. Lottery Corp. v. Tabletop Media, LLC, 346 Ga. App. 498, 816 S.E.2d 438 (2018).
Total Results: 1
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: of the State, “and not a state agency,” OCGA § 50-27-4, which is to function as an “entrepreneurial enterprise