Supreme Court of Georgia

Sexual Offender Registration Review Board v. Berzett

June 19, 2017301 Ga. 391

Summary

The court held that the superior court lacked subject matter jurisdiction over Berzett’s declaratory judgment action because, after the Board’s classification decision became final, no actual or justiciable controversy remained between Berzett and the Board. The requested injunctive relief also could not proceed because it was dependent on the failed declaratory judgment claim and, independently, no existing controversy could be affected. The judgment was vacated and the case remanded with direction to dismiss the petition in its entirety.