Rozier v. Mayor of Savannah
310 Ga. App. 178
Ga. Ct. App.2011Background
- 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)
