Scarborough v. Hunter
293 Ga. 431
Ga.
2013

Background

  • Stephens County accepted a 3,000-foot dead-end road (Winding Bluff Road), built by K-M Development in 2007, after granting a variance; K-M was required to maintain the road for a year.
  • Heavy rains in 2008–2009 caused severe road failure; the county closed the road in December 2009 as unsafe; county later purchased one lot on the road (Venas’ lot).
  • Plaintiffs (lot owners, K-M, Merck and others) sued the Board seeking mandamus to compel repair, obtained a TRO blocking a public hearing, which this Court later vacated on interlocutory appeal.
  • After a June 28, 2011 public hearing, the Board unanimously voted to abandon the road under OCGA § 32-7-2(b)(1), citing safety, construction defects attributable to K-M, lack of public use, and high repair cost ($600k–$800k).
  • The trial court set aside the abandonment as arbitrary and capricious, issued mandamus directing repair, awarded attorney fees to Plaintiffs, and later granted Plaintiffs summary judgment on the Board’s counterclaims.
  • The Georgia Supreme Court reversed the trial court’s setting-aside of the abandonment decision and mandamus, vacated the attorney-fee award and summary judgment, and remanded for further proceedings on counterclaims.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Board’s abandonment was a gross abuse of discretion Board improperly abandoned road that county had a duty to maintain; abandonment was effectively avoiding maintenance obligations Board followed statutory abandonment procedure and had evidence (safety, construction defects, negligible public use, high cost) supporting abandonment The Court held Board’s decision was supported by evidence and not a gross abuse of discretion; reversal of trial court’s setting-aside
Whether mandamus was proper to compel repair Plaintiffs: county duty to maintain public roads warrants mandamus because abandonment was improper Board: mandamus improper where Board lawfully exercised discretionary abandonment authority Mandamus order reversed as it depended on the erroneous setting-aside of abandonment
Whether Plaintiffs entitled to attorney fees under OCGA §13‑6‑11 Plaintiffs claimed bad faith by Board (including alleged bad-faith purchase of Vena lot) justified fees Board argued fees require prevailing-party status and showing of bad faith; relief had been vacated Fee award vacated because Plaintiffs are no longer prevailing parties after reversal
Whether summary judgment for Plaintiffs on Board’s counterclaims (fraud, rescission, etc.) was proper Plaintiffs: undisputed facts defeat Board’s counterclaims (e.g., lack of reliance on alleged sham sales) Board: previous rulings and record bear on counterclaims; summary judgment relied on vacated rulings Summary judgment vacated and case remanded for further proceedings on counterclaims

Key Cases Cited

  • Chatham County v. Allen, 261 Ga. 177 (county obligation to maintain public roads)
  • Burke County v. Askin, 291 Ga. 697 (mandamus to enforce road-maintenance duties)
  • Commrs. of Sumter County v. McMath, 138 Ga. 351 (standard for public roads)
  • Scarborough v. Hunter, 288 Ga. 687 (trial-court role limited to reviewing gross abuse of discretion in abandonment)
  • Carnes v. Charlock Investments (USA), Inc., 258 Ga. 771 (mandamus standard; court not to substitute judgment for board)
  • Gwinnett County v. Ehler Enterprises, Inc., 270 Ga. 570 (trial court reviews sufficiency of evidence before board)
  • Marietta Chair Co. v. Henderson, 121 Ga. 399 (discretion for vacation/abandonment rests with lawmaking power)
  • Torbett v. Butts County, 271 Ga. 521 (economic costs legitimate consideration in abandonment)
  • McIntosh County v. Fisher, 242 Ga. 66 (abandonment may relieve public from maintaining a road no longer useful)
  • Cherokee County v. McBride, 262 Ga. 460 (county may not abandon solely because its own failure made the road unusable)
  • Fulton County v. Congregation of Anshei Chesed, 275 Ga. 856 (appellate standard: any evidence supporting local body's decision governs)
  • Benchmark Builders, Inc. v. Schultz, 289 Ga. 329 (OCGA §13‑6‑11 fees only for prevailing party)
  • Smith v. Bd. of Commrs. of Athens‑Clarke County, 264 Ga. 316 (McBride inapplicable where other causes for nonuse exist)
  • Richmond County v. Steed, 150 Ga. 229 (historical mandamus principles)
  • Bd. of Commrs. of Roads & Revenues of Walton County v. Robinson, 160 Ga. 816 (mandamus for gross abuse of discretion)
  • Clear Vision CATV Svcs., Inc. v. Mayor of Jesup, 225 Ga. 757 (court will not substitute its judgment for municipal body)
  • Lansford v. Cook, 252 Ga. 414 (APA does not apply to local boards)
  • Aldridge v. Georgia Hospitality & Travel Assn., 251 Ga. 234 (APA inapplicable to local entities)
  • Spence v. Miller, 176 Ga. 96 (extraordinary remedies jurisdiction)
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