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GARDEN CLUB OF GEORGIA v. SHACKELFORD

No. S95A1301.

463 S.E.2d 470 (1995)

266 Ga. 24

The GARDEN CLUB OF GEORGIA, INC. et al. v. SHACKELFORD et al.

Supreme Court of Georgia.

Reconsideration Denied December 4, 1995.

Attorney(s) appearing for the Case

Douglas P. Haines, Athens, Eric E. Huber, Atlanta, for the Garden Club of Georgia, Inc. et al.

Carol A. Callaway, George P. Shingler, Asst. Attys. Gen., Michael J. Bowers, Atty. Gen., Department of Law, Atlanta, for Wayne Shackelford, Comr., et al.

S. Wesley Woolf, The Georgia Conservancy, Atlanta, for Amicus Appellant.

David H. Flint, Mark W. Forsling, Schreeder, Wheeler & Flint, Atlanta, for Amicus Appellee.

FLETCHER, Presiding Justice.

The Georgia Department of Transportation promulgated regulations to permit the trimming of trees and vegetation on the highway rights-of-way to make advertising signs on private property more visible. The Garden Club of Georgia sought to enjoin the department from issuing permits, contending that the regulations violate the constitutional prohibition against gratuities. The trial court denied the injunction. We reverse because the regulations...

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