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CITY OF COLUMBUS v. GA. DEPT. OF TRANSP.

Nos. S13A0079, S13X0080, S13X0081.

742 S.E.2d 728 (2013)

292 Ga. 878

CITY OF COLUMBUS et al. v. GEORGIA DEPT. OF TRANSPORTATION et al. CBS Outdoor, Inc. et al. v. City of Columbus. Georgia Dept. of Transportation et al. v. City of Columbus et al.

Supreme Court of Georgia.

May 6, 2013.

Attorney(s) appearing for the Case

James Clinton Clark, Jr., Thomas Frederick Gristina, Kristen Colleen Stevenson, Page, Scrantom, Sprouse, Tucker & Ford, P.C., Columbus, Clifton Cartwright Fay, City Atty., Lucy T. Sheftall, Asst. City Atty., Office of the City Attorney, Kenneth M. Henson, Jr., for appellant.

William Wright Banks, Jr., Sr. Asst. Atty. Gen., Denise E. Whiting-Pack, Sr. Asst. Atty. Gen., Mary Josephine Leddy Volkert, Asst. Atty. Gen., Samuel S. Olens, Atty. Gen., Department of Law, for appellee.

Mark W. Forsling, David H. Flint, Schreeder, Scott William Peters, Wheeler & Flint, LLP, Atlanta, Joseph L. Waldrep, Waldrep, Mullin & Callahan, LLC, Columbus, for other party.

C. Edward Dobbs Rebeccah Lynn Bower, Parker, Hudson, Rainer & Dobbs LLP, Arthur H. Domby, Troutman Sanders, Atlanta, for amicus appellant.

MELTON, Justice.

This is the third appearance of this statutory matter before this Court. This appeal, as did the prior two, revolves around the constitutionality of OCGA § 32-6-75.3, which allows vegetation, including trees, to be removed in order to facilitate billboard advertising under specific circumstances and with remuneration to the State for removed trees. Although this Court originally found that a prior version of the statute violated the gratuities...

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