DeKalb County v. PMS Construction Co.

Deen, Presiding Judge.

This suit was filed October 14, 1975. The summary judgment motions came on for hearing in April, 1978. The court after argument took the case under advisement. Not until April 28, in answer to the Count 5 amendment, did DeKalb County seek to raise the defense of sovereign immunity. This was after the county had filed a prior suit for specific performance of the contract and after it had filed a counterclaim in the pending action. On May 15 the county undertook to answer the plaintiffs latest amendment (the thrust of which was that if the county did in fact have the right…