History
  • No items yet
midpage
Rozier v. Mayor of Savannah
310 Ga. App. 178
Ga. Ct. App.
2011
Read the full case

Background

  • Rozier owned and operated a restaurant/bar with a liquor license issued by the City of Savannah; the City proposed license revocation after two gunfire incidents near Rozier's premises.
  • The City Council held a hearing in November 2009 and revoked Rozier's liquor license under § 6-1208(a)(3) for threatening public safety.
  • Rozier filed suit in April 2010 seeking monetary damages for tortious interference with business; the City Council answered and moved to dismiss in May 2010.
  • After the mandatory six-month waiting period, Rozier sought a new liquor license; the City Council held a show-cause hearing on June 3, 2010 and denied the application.
  • Rozier amended his complaint to include equitable relief and mandamus; the trial court dismissed the action for lack of a proper remedy.
  • The court agreed the exclusive remedy to challenge the City Council’s decisions was a writ of certiorari under OCGA § 5-4-1(a).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether certiorari review was Rozier's exclusive remedy Rozier contends damages and mandamus relief are available. City contends certiorari is the exclusive mechanism for review of the license decisions. Yes; certiorari was Rozier's exclusive remedy.

Key Cases Cited

  • Jordan v. City of Atlanta, 283 Ga.App. 285; 641 S.E.2d 275 (2007) (certiorari review required to challenge judicial/ quasi-judicial orders)
  • Soerries v. City of Columbus, 222 Ga.App. 745; 476 S.E.2d 64 (1996) (damages claims contingent on revocation; certiorari exclusive mechanism)
  • Starnes v. Fulton County School Dist., 233 Ga.App. 182; 503 S.E.2d 665 (1998) (explains exclusive right of certiorari when hearing is judicial in nature)
  • Mack II v. City of Atlanta, 227 Ga.App. 305; 489 S.E.2d 357 (1997) (hearing that weighs evidence and applies law is judicial in nature)
  • Daly v. Mueller, 279 Ga.App. 168; 630 S.E.2d 799 (2006) (standard for reviewing dismissal for failure to state a claim)
Read the full case

Case Details

Case Name: Rozier v. Mayor of Savannah
Court Name: Court of Appeals of Georgia
Date Published: Jun 20, 2011
Citation: 310 Ga. App. 178
Docket Number: A11A0588
Court Abbreviation: Ga. Ct. App.