Legal Opinion · Dissent

Hitch v. Vasarhelyi

Supreme Court of Georgia

Decided June 17, 2009No. S08G1645Published

1DissentCarley, Justice

I submit that the majority makes a fundamental mistake in footnote 2 of its opinion which ultimately leads it erroneously to believe that Appellants have standing to bring suit against a State agency challenging its issuance of a license for a neighboring landowner to build a structure on State-owned property. In the absence of statutory provisions that protect such property and govern standing of third-party landowners, Appellants cannot utilize principles of standing which are applicable only in zoning cases or pursuant to specific statutory standing provisions.

Neither the majority nor…

2Cases cited6 opinions

  1. Georgia Power Co. v. Allied Chemical Corp.Supreme Court of Georgia · 1975
  2. Lindsey v. GuhlSupreme Court of Georgia · 1976
  3. Massey v. Butts CountySupreme Court of Georgia · 2006
  4. Davis v. JacksonSupreme Court of Georgia · 1977
  5. DBL, INC. v. CarsonCourt of Appeals of Georgia · 2003

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