Warbler Investments, LLC v. City of Social Circle

Summary

The court held that a complaint violating the constitutional requirement that certain declaratory-relief actions name only the State or the relevant local government may be cured by dropping improperly named parties under OCGA § 9-11-21. The naming requirement is procedural rather than jurisdictional, so the defect did not negate the sovereign-immunity waiver or deprive the trial court of subject-matter jurisdiction. The court therefore reversed the dismissal and remanded the case.