Supreme Court of Georgia

City of Union Point v. Greene County Greene County v. City of Union Point.

March 15, 2018812 S.E.2d 278

Summary

The court held that sovereign immunity was waived for proceedings authorized by the Service Delivery Strategy Act only to the extent of the Act's specifically authorized remedies, and that existing intergovernmental-agreement claims could proceed under the constitutional waiver for written-contract breaches. It reversed the trial court's conclusion that the Act's judicial dispute-resolution process violated separation of powers, but vacated or reversed relief that exceeded the statutory process or addressed matters not submitted to mediation. Justice Peterson concurred separately regarding the uncertain source of separation-of-powers principles for local governments, while Justice Benham, joined by Justices Melton and Hunstein, would have held the judicial-resolution provision unconstitutional.