Taetle v. Atlanta Independent School System

Thompson, Justice.

In this case, we are called upon to decide whether an arms-length commercial lease agreement between a public school system and a church violates the Establishment Clause of the Georgia Constitution. We hold that it does not, and affirm the judgment of the superior court.

The facts of this case are straightforward. We summarize them as follows:

In order to eliminate overcrowding of the Sarah Smith Elementary School, the Atlanta Board of Education authorized the Atlanta Independent School System (“APS”) to create a kindergarten annex by leasing classroom space at the Buckhead…