Northway v. Allen
291 Ga. 227
| Ga. | 2012Background
- Jeffrey Northway elected mayor of Springfield, Georgia in 2009 and took office 2010; ethics complaint initiated Oct 2010; in Nov 2010 council privately moved to seek resignation under Charter §45; Northway refused to resign; petition for removal filed under §45 seeking removal for failure to resign; petition contained minimal factual allegations and no explicit malpractice or willful neglect claims; trial court denied motion to dismiss and later removed Northway after a three-day bench trial in Aug 2011; appellate reversal of dismissal directed dismissal of petition, leading to remand; court held petition insufficient to plead a §45 removal claim and that notice of ethics proceedings could not cure the pleading deficiency; jurisdictional/notice issues discussed with respect to due process and the propriety of relying on pleadings alone absent §45-specific allegations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petition for removal pleaded a §45 removal claim | Northway | Appellees | Yes; petition failed to plead §45-based grounds. |
| Whether denial of motion to dismiss under OCGA 9-11-12(b)(6) was error | Northway | Appellees | Yes; court erred in allowing case to proceed on insufficient pleadings. |
| Whether due process/property rights require explicit §45 allegations or cure by ethics proceedings | Northway | Appellees | Petition must allege explicit §45 grounds; ethics proceedings do not cure pleading defect. |
Key Cases Cited
- City of Ludowici v. Stapleton, 258 Ga. 868 (1989) (property right in office; due process required for removal)
- Stendahl v. Cobb County, 284 Ga. 525 (2008) (test for dismissal under 9-11-12(b)(6) movant must show no relief possible)
- Patrick v. Verizon Directories Corp., 284 Ga. App. 123 (2007) (pleading must show plausible basis for relief)
- Southstar Energy Svcs., LLC v. Ellison, 286 Ga. 709 (2010) (pleading standard; notice pleading in Georgia)