Starship Enterprises of Atlanta, Inc. v. Gwinnett County

Summary

The Court held that Georgia's constitutional waiver of sovereign immunity applies to Starship's challenge because the complaint seeks relief from prospective enforcement acts occurring after January 1, 2021. Nevertheless, the Court affirmed dismissal because Starship's constitutional challenges were barred by res judicata: the same parties, wrong, and underlying facts were involved in an earlier action whose surviving counterclaim was adjudicated on the merits, and Starship could have raised its constitutional defenses there.