Supreme Court of Georgia

The State v. Sass Group, LLC (two Cases)

March 15, 2023315 Ga. 893

Summary

The court held that the constitutional sovereign-immunity waiver for declaratory relief requires an action invoking the waiver to be brought exclusively against the State or another expressly authorized governmental entity. Because the plaintiffs named the district attorney in her individual capacity in the same lawsuit, the entire action was constitutionally subject to dismissal. The court therefore reversed the denial of the motion to dismiss, vacated the interlocutory injunction, and remanded with direction to dismiss the case.