Clark v. Fitzgerald Water, Light & Bond Commission

Melton, Justice.

In Clark v. Fitzgerald Water, Light & Bond Comm., 286 Ga. App. 36 (648 SE2d 654) (2007), the Court of Appeals held that the Fitzgerald Water, Light & Bond Commission, a governmental agency, was an independent legal entity capable of suing Bobby Clark for certain contract damages, despite the fact that it had not expressly been granted the right to sue and be sued when it was created by the Legislature. We granted certiorari to determine whether a governmental agency’s power to sue and be sued may be implied solely from the express grant to the governmental agency of the power…