The Mayor and Aldermen of the City of Garden City v. Harris — Hunstein, J., Dissenting

Summary

Justice Hunstein dissents, contending that the City of Garden City should not be shielded from liability under the Recreational Use Statute (RPA) because the admission fee charged defeats the statute’s liability waiver. He argues that the fee provision of OCGA § 51‑3‑25(2) requires a landowner to charge no fee for the RPA protection to apply, and that the majority’s reading improperly narrows the waiver. Relying on a de novo standard and longstanding precedent, he would reverse the majority’s result.