Wmw, Inc. v. American Honda Motor Co., Inc.
311 Ga. App. 1
Ga. Ct. App.2011Background
- WMW, Inc. d/b/a Honda Carland operates a Honda dealership in Roswell, Georgia since 1976 and runs a separate Alpharetta service center.
- Honda planned to establish a new Honda dealership in Cumming, within the relevant market area as defined by the Act.
- WMW objected to the new dealership on the ground that it would violate OCGA § 10-1-664 and filed suit to enjoin the establishment.
- The trial court dismissed for lack of standing, holding WMW could not challenge the new dealership under the Act.
- The Court of Appeals interpreted OCGA § 10-1-664 and related definitions, holding the Alpharetta center is not a separate dealership under the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does WMW have standing to challenge the new dealership? | WMW contends Alpharetta center is a dealership; corporation has multiple locations. | Alpharetta center is not the 'existing dealership' within the eight-mile relevant market for a corporate dealer. | WMW has no standing to object under OCGA § 10-1-664(b). |
| Should the Campbell affidavit be considered to alter standing? | Affidavit shows different dealer numbers and proximity requirements. | Statutory plain language controls; affidavit does not change outcome. | Affidavit does not alter the standing determination; the decision stands. |
Key Cases Cited
- Pipe Solutions, Inc. v. Inglis, 291 Ga. App. 328 (Ga. App. 2008) (plain-language interpretation; standards for 12(b)(6) dismissals)
- Citizens' & Southern Bank v. Taggart, 164 Ga. 351 (Ga. 1927) (venue considerations for corporations)
- Six Flags Over Ga. II v. Kull, 276 Ga. 210 (Ga. 2003) (interpretation principles for statutory text)
- DaimlerChrysler Motors Co. v. Clemente, 294 Ga. App. 38 (Ga. App. 2008) (contextual considerations in dealership regulation)
- Household/Golden v. Ellis, 288 Ga. App. 834 (Ga. App. 2007) (statutory interpretation principles)