Center for a Sustainable Coast, Inc. v. Georgia Department of Natural Resources
319 Ga. App. 205
| Ga. Ct. App. | 2012Background
- Center sued the Georgia DNR and its Coastal Resources Division challenging letters of permission as ultra vires under the Shore Protection Act (OCGA §§12-5-230 to -239).
- CRD issued letters of permission for actions that, under the Act, require a permit.
- Center sought injunctive relief and declaratory judgment and asserted due process, equal protection, and attorney-fees claims.
- Trial court dismissed the declaratory judgment and related counts, ruling no justiciable controversy and that sovereign immunity barred injunctive relief.
- On appeal, the Center argues that declaratory judgment was appropriate and injunctive relief should not have been dismissed; the court must address remaining due process/equal protection issues.
- The court ultimately affirms in part, reverses in part, and remands in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a declaratory judgment was proper given no justiciable controversy | Center seeks declaration that past actions were ultra vires | No justiciable controversy; declaratory relief inappropriate | Declaratory judgment properly dismissed |
| Whether injunctive relief was barred by sovereign immunity | Center may seek injunctive relief for ultra vires acts | Sovereign immunity barred such relief | Injunctive relief claim erred in being dismissed; exception applies |
| Whether due process and equal protection claims and attorney fees were properly handled | Claims viable and not purely derivative | Valuation of viability lacking; not properly analyzed | Remanded for meaningful consideration of these claims |
Key Cases Cited
- Cox v. Athens Regional Med. Ctr., 279 Ga. App. 586 (Ga. Ct. App. 2006) (declaratory judgments require a justiciable controversy)
- Airport Auth. of City of St. Marys v. City of St. Marys, 297 Ga. App. 645 (Ga. Ct. App. 2009) (purpose of declaratory relief; need for concrete issue)
- Baker v. City of Marietta, 271 Ga. 210 (Ga. 1999) (declaratory judgments when rights have accrued; not advisory)
- Chilivis v. Nat. Distrib. Co., 239 Ga. 651 (Ga. 1977) (sovereign immunity not applicable to injunctive relief for ultra vires action)
- League of Women Voters &c. v. City of Atlanta, 245 Ga. 301 (Ga. 1980) (plaintiff may restrain public official acting outside scope of authority)
- Intl. Bus. Machines Corp. v. Evans, 265 Ga. 215 (Ga. 1995) (exception to sovereign immunity for injunctive relief against illegal acts by state actors)