BOARD OF COMMISSIONERS v. MAYOR AND COUNCIL

S20G0472.

848 S.E.2d 857 (2020)

BOARD OF COMMISSIONERS OF LOWNDES COUNTY v. MAYOR AND COUNCIL OF the CITY OF VALDOSTA et al.

Supreme Court of Georgia.

Decided: September 28, 2020.


Attorney(s) appearing for the Case

Walter Gus Elliott, II , James L. Elliott , Elliott, Blackburn & Gooding, PC, 3016 North Patterson Street, Valdosta, Georgia 31602, Attorneys for the Appellant.

George T. Talley , Coleman Talley LLP, P.O. Box 5437, Valdosta, Georgia 31603-5437, Timothy Marzine Tanner , Coleman Talley, LLP, 109 South Ashley Street, Valdosta, Georgia 31601, Andrew (Andy) J. Welch, III , Warren Michael Tillery , Brandon Filson Palmer , Smith, Welch, Webb & White, LLC, P.O. Box 10, McDonough, Georgia 30253, Christopher M. Carr , Attorney General, Julie Adams Jacobs , Assistant Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Logan B. Winkles , Senior Assistant Attorney General, Office of the Attorney General, 40 Capitol Square SW, Atlanta, Georgia 30334, Attorneys for the Appellee.


The Georgia Constitution allows only the General Assembly to waive the State's sovereign immunity. We have repeatedly refused invitations to invent exceptions to that rule. But that rule requires waiver only for claims that sovereign immunity actually bars. And, as we have repeatedly explained, sovereign immunity has never barred...

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