CITY OF ATLANTA v. ATLANTA INDEPENDENT SCHOOL SYSTEM, 307 Ga. 877

A 1950 local constitutional amendment (the "1950 LCA") provided that when Atlanta annexes territory in Fulton County the territory becomes part of the Atlanta Independent School System (APS) and school property in annexed areas becomes City property; HB 1620 (1986) continued the 1950 LCA.
In 2017 Atlanta adopted Ordinance 17-O-1549 annexing a single parcel in the Fulton County Industrial District (a former bank building now used as a City police precinct) and expressly stating the annexation "shall not act to expand the boundaries of the APS for this annexation."
APS sued for declaratory, injunctive, and mandamus relief challenging the 2017 Ordinance and, implicitly, the continued validity of the 1950 LCA.
The trial court denied the City’s motion to dismiss; the City obtained interlocutory appeal to the Georgia Supreme Court.
The Supreme Court considered whether the dispute presented an actual, justiciable controversy (i.e., whether the annexation affected school property, residences, or school-taxable property or otherwise had immediate legal consequences for APS).
The Court held there was no justiciable controversy because the annexed parcel is City-owned, nonresidential, not subject to school taxes, and no immediate legal consequence was shown; it vacated the trial court’s order and remanded with direction to dismiss (also disposing of injunctive/mandamus claims as dependent on declaratory relief).

Issue	Plaintiff's Argument (APS)	Defendant's Argument (City)	Held
Whether an actual, justiciable controversy exists for declaratory relief	The 2017 Ordinance improperly excludes the annexed parcel from APS boundaries; APS seeks a declaration that APS boundaries must be coterminous with Atlanta within Fulton County	The annexation is limited to a single City-owned parcel with no present effect on APS; any dispute is hypothetical	No actual controversy; declaratory relief would be advisory and nonjusticiable — dismissal required
Whether the annexation involves school property, school-taxable property, or residences affecting APS operations/funding	APS contends the parcel should be part of APS’s map going forward	City points out the parcel is nonresidential, used as a police precinct, not school property, and not subject to school taxes	Court found no school property, residences, or tax effects — no immediate legal consequence to APS
Whether APS may obtain injunctive or mandamus relief	APS sought injunction/mandamus to enforce coterminous boundaries	City argued such equitable relief depends on a justiciable declaratory judgment	Injunctive and mandamus claims fail because they rest on the dismissed declaratory claim

City of Atlanta v. Atlanta Independent School System, 300 Ga. 213 (2016) (prior litigation; court held matter not ripe absent annexation)
Fulton County v. City of Atlanta, 299 Ga. 676 (2016) (similar challenge; affirmed justiciability limitations and nonjusticiability where no immediate legal consequences)
Leitch v. Fleming, 291 Ga. 669 (2012) (Declaratory Judgment Act requires an actual controversy)
Sexual Offender Registration Review Bd. v. Berzett, 301 Ga. 391 (2017) (declaratory judgment scope: rights impacting future conduct)
City of Atlanta v. Hotels.com, 285 Ga. 231 (2009) (recognizing justiciable need to clarify municipal ordinance when it has immediate consequences)
Higdon v. Senoia, 273 Ga. 83 (2000) (distinguished — annexation there created immediate legal consequences)
Agan v. State, 272 Ga. 540 (2000) (declaratory relief appropriate to protect plaintiff’s conduct where immediate stakes exist)
Baker v. City of Marietta, 271 Ga. 210 (1999) (declaratory judgment improper for possible or probable future contingencies)
Cheeks v. Miller, 262 Ga. 687 (1993) (courts may not issue advisory opinions on hypothetical future disputes)