Legal Opinion · Concurrence

Eric Schumacher v. City of Roswell

Court of Appeals of Georgia

Decided June 1, 2016No. A16A0582Published

1ConcurrenceRickman, Judge

I concur fully with the majority that this appeal is subject to dismissal based upon O S Advertising Co. of Ga., Inc. v. Rubin, 267 Ga. 723 (482 SE2d 295) (1997) and Hamryka v. City of Dawsonville, 291 Ga. 124, 125 (1) (728 SE2d 197) (2012). I write separately to express a genuine and respectful concern that the plain language of *274OCGA § 5-6-35 (a) (1) combined with the oft-repeated directive of our Supreme Court that we are to give statutory text its “ordinary, logical, and common meaning,” leads me to question whether the acknowledged “fallacies in the rationale in [Trend Development Corp.…

2Cases cited13 opinions

  1. Deal v. ColemanSupreme Court of Georgia · 2013
  2. Luangkhot v. StateSupreme Court of Georgia · 2013
  3. Trend Development Corp. v. Douglas CountySupreme Court of Georgia · 1989
  4. Hendry v. HendrySupreme Court of Georgia · 2012
  5. Arby's Restaurant Group, Inc. v. McRaeSupreme Court of Georgia · 2012

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