Starship Enterprises of Atlanta, Inc. v. Gwinnett County

Summary

The court held that the constitutional sovereign-immunity waiver applies because Starship seeks relief from prospective enforcement of the county ordinance after January 1, 2021. It nevertheless affirmed dismissal because Starship’s constitutional challenges were barred by res judicata: the same parties, wrong, and operative facts were involved in the earlier action, and Starship could have raised its challenges defensively against the County’s injunction claim. No separate opinions were filed.