Automated Summary
Key Facts
The Court of Appeals of Georgia issued an order transferring two consolidated appeals to the Supreme Court of Georgia. The cases involve Polo Golf and Country Club Homeowners Association, Inc. v. Rymer et al. and Polo Golf and Country Club Homeowners Association, Inc. v. Forsyth County et al. John Rymer, Diane Rymer, and The Diane L. Rymer Family Irrevocable Trust sued the Homeowners Association alleging failure to maintain drainage easements and stormwater system, breaching Forsyth County Ordinance 75. The HOA challenged the County's enforcement of the Ordinance as unconstitutional. The superior court ruled enforcement was not unconstitutional, but the HOA appealed. Because these appeals involve a constitutional challenge to an ordinance, the Supreme Court of Georgia has exclusive jurisdiction over such cases under Georgia Constitution Article VI, Section VI, Para. II, and the cases are transferred for disposition.
Issues
The Court of Appeals determined that it lacked jurisdiction to hear appeals involving constitutional challenges to ordinances, as the Supreme Court of Georgia has exclusive jurisdiction over such cases under the Georgia Constitution.
Holdings
The Court of Appeals of Georgia transferred two consolidated cases (A13A0700 and A13A0701) to the Supreme Court of Georgia for disposition. The cases involved a constitutional challenge to Forsyth County Ordinance 75 regarding stormwater management and drainage easements. Under Georgia law, the Supreme Court has exclusive jurisdiction over cases involving constitutional challenges to ordinances.
Legal Principles
The Supreme Court of Georgia has exclusive jurisdiction over all cases involving construction of the Constitution of the State of Georgia and of the United States, and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been called into question. When related appeals involve a constitutional challenge to an ordinance, they must be transferred to the Supreme Court for disposition.
Precedent Name
- Malloy v. State
- Atlanta Independent School System v. Lane
Cited Statute
- Forsyth County Ordinance 75
- Georgia Constitution Article VI Section VI Paragraph II
Passage Text
- Because the Supreme Court of Georgia 'has exclusive jurisdiction over all cases involving construction of the Constitution of the State of Georgia and of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been called into question.' Because these related appeals involve a constitutional challenge to an ordinance, they are hereby TRANSFERRED to the Supreme Court for disposition.
- In both underlying cases, the Homeowners Association sought a declaration from the superior court that, for several grounds argued, the County's enforcement of the Ordinance against it was unconstitutional. In an order referring to the two cases as 'consolidated,' the superior court ruled, inter alia, that enforcement was not unconstitutional.