City of Atlanta v. Atlanta Independent School System, 300 Ga. 213

1950 local constitutional amendment (1950 LCA) provided that when Atlanta annexed territory in Fulton County the annexed area would join the Atlanta Public Schools (APS) and school property in the annexed area would become City/APS property.
APS was part of city government in 1950; in 1973 the General Assembly separated APS from the City by creating distinct charters.
The 1983 State Constitution required pre-existing local amendments to be re-enacted by local legislation by July 1, 1987; in 1986 the General Assembly passed HB 1620 declaring the 1950 LCA continued in force.
In March 2015 the City filed a declaratory judgment action asking whether it could annex Fulton County property without expanding APS boundaries and whether HB 1620 validly continued the 1950 LCA; FCS intervened and APS moved on the pleadings.
The trial court held HB 1620 properly continued the 1950 LCA and denied the City relief; the City appealed and APS cross‑appealed asserting sovereign immunity barred the suit.
The Supreme Court vacated the trial court’s judgment and remanded with instructions to dismiss because the dispute was not justiciable/ripe when filed (no completed annexations), so the court could not issue an advisory opinion; APS’s cross‑appeal was dismissed as moot.

Issue	City (plaintiff) argument	APS / FCS (defendant) argument	Held
1. Is the dispute justiciable/ripe (may court decide before annexation occurs)?	City sought pre‑action clarification and argued courts could decide continuity of 1950 LCA now to guide future annexations.	Opponents argued annexation was a legislative act and, absent an actual annexation, there was no present controversy and any ruling would be advisory.	Not justiciable/ripe – court cannot issue advisory opinion; action dismissed for lack of an actual controversy.
2. Was HB 1620 a valid continuation of the 1950 LCA (i.e., is the 1950 LCA still effective)?	City argued HB 1620 did not properly continue the 1950 LCA, so it had been repealed and did not bind future annexations.	APS/FCS argued HB 1620 properly continued the amendment and the 1950 LCA remained in effect.	Court did not reach the merits due to non‑justiciability; trial court’s contrary ruling was vacated and remanded for dismissal.

Fulton County v. City of Atlanta, 299 Ga. 676 (Ga. 2016) (actions asking pre‑annexation rulings are not justiciable; parallel case dispositive)
Baker v. City of Marietta, 271 Ga. 210 (Ga. 1999) (Declaratory Judgment Act does not permit advisory opinions)
McDowell v. Judges Ex Officio, 235 Ga. 364 (Ga. 1975) (courts cannot render advisory opinions, even in declaratory actions)
O’Kelley v. Cox, 278 Ga. 572 (Ga. 2004) (proposed legislation presents no justiciable controversy)
O’Neal v. Town of Whigham, 206 Ga. 511 (Ga. 1950) (court cannot pre‑decide proposed amendments or legislative acts)
Higdon v. City of Senoia, 273 Ga. 83 (Ga. 2000) (discussed by parties; court found reliance misplaced)