BOARD OF COMMISSIONERS OF LOWNDES COUNTY v. MAYOR AND COUNCIL OF CITY OF VALDOSTA (2021)

Court of Appeals of Georgia.

BOARD OF COMMISSIONERS OF LOWNDES COUNTY v. MAYOR AND COUNCIL OF the CITY OF VALDOSTA et al.

A19A1538

Decided: May 26, 2021

James L. Elliott, Walter Gus Elliott II, Valdosta, for Appellant. Robin Joy Leigh, George T. Talley, Atlanta, Gregory Tyson Talley, Timothy Marzine Tanner, Valdosta, Whitney Warnke Groff, Andrew Jackson Welch III, Warren Michael Tillery, Brandon Filson Palmer, McDonough, for Appellee.

In Bd. of Commrs. of Lowndes County v. Mayor and Council of the City of Valdosta, 309 Ga. 899, 848 S.E.2d 857 (2020), the Supreme Court of Georgia reversed Division 1 of this Court's opinion in Bd. of Commrs. of Lowndes County v. Mayor and Council of the City of Valdosta, 352 Ga. App. 391, 834 S.E.2d 890 (2019). 309 Ga. at 910 (3), 848 S.E.2d 857. Accordingly, we vacate Division 1 of our prior opinion, adopt the opinion of the Supreme Court of Georgia, and reverse the trial court's dismissal of Lowndes County's claims for injunctive and declaratory relief based upon the bar of sovereign immunity as set forth in the Supreme Court of Georgia's opinion. We make no changes to Division 2 of our opinion.

Judgment affirmed in part and reversed in part.

Brown, Judge.

McFadden, C. J., and Colvin, J., concur.