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Legal Opinion · Dissent

Lamar County v. E.T. Carlyle Co.

Supreme Court of Georgia

Decided March 22, 2004No. S03A1740Published

1DissentHines, Justice

I respectfully dissent from the majority opinion in this case, as I do not believe this appeal is properly before this Court. Nor can I agree with the new provisions of law on appellate jurisdiction which the majority announces today.

This case involves the grant of a declaratory judgment and mandamus relief after developer E. T. Carlyle Company challenged the validity of Lamar County’s comprehensive solid waste management plan, based upon a variety of State statutes. The trial court found that Lamar County had no valid comprehensive solid waste management plan as required by OCGA § 12-8-31.1,…

2Cases cited19 opinions

  1. Rebich v. MilesSupreme Court of Georgia · 1994
  2. Redfearn v. Huntcliff Homes Ass'n, Inc.Supreme Court of Georgia · 1999
  3. Ferguson v. Composite State Board of Medical ExaminersSupreme Court of Georgia · 2002
  4. O S Advertising Co. of Georgia, Inc. v. RubinSupreme Court of Georgia · 1997
  5. Schrenko v. DeKalb County School DistrictSupreme Court of Georgia · 2003

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