City of Atlanta v. Harbor Grove Apartments, LLC
308 Ga. App. 57
| Ga. Ct. App. | 2011Background
- Harbor Grove filed a verified petition for declaratory judgment and mandamus against the City of Atlanta and Commissioner Hunter for conditioning a water meter sale on Harbor Grove extending a water main beyond city limits.
- Harbor Grove amended to add a claim for damages under OCGA § 36-33-4, alleging official action by Hunter was wrongful.
- The trial court granted Harbor Grove partial summary judgment against Hunter personally and denied the City's summary judgment.
- The City appealed, arguing Hunter was sued only in official capacity and the City was not vicariously liable for his acts.
- The appellate court reviewed de novo the summary judgment ruling and divided on whether Hunter could be held personally liable and whether the City could be vicariously liable.
- The court ultimately held Hunter could not be personally liable because he was sued only in official capacity, but affirmed vicarious liability for the City for his actions within the scope of employment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hunter was properly sued personally | Harbor Grove | City | Harbor Grove improperly sued Hunter personally |
| Whether the City is vicariously liable for Hunter's alleged OCGA § 36-33-4 violation | Harbor Grove argues within scope of employment | City argues unwritten policy and authority issues | City liable for Hunter's actions within employment scope |
Key Cases Cited
- Rubin v. Cello Corp., 235 Ga.App. 250 (Ga. Ct. App. 1998) (de novo review standard on summary judgment appeal)
- Ward v. Dodson, 256 Ga.App. 660 (Ga. Ct. App. 2002) (official vs individual capacity suits)
- Colvin v. McDougall, 62 F.3d 1316 (11th Cir. 1995) (capacity of defendant; course of proceedings determines capacity)
- City of Hawkinsville v. Wilson & Wilson, Inc., 231 Ga. 110 (Ga. 1973) (police-powers conditions must be written with specificity)
- City of Buford v. Ward, 212 Ga.App. 752 (Ga. Ct. App. 1994) (city may impose conditions but must be uniform and specific)
- City of Rome v. Justice, 40 Ga.App. 196 (Ga. Ct. App. 1929) (city engaged in private nongovernmental business; liability in scope)
- Bennett v. United States, 102 F.3d 486 (11th Cir. 1996) (employer liability for employee conduct when in course of business)
- Atlantic & etc. Co. v. Heyward, 82 Ga. App. 337 (Ga. Ct. App. 1950) (scope of employment; employee acts to further employer's business)