Legal Opinion
Cook v. Colquitt County Board of Education
Supreme Court of Georgia
Decided February 6, 1992No. S91A1269PublishedCited by 17 opinions
1Opinion of the Court
Hunt, Justice.
We granted this application for interlocutory appeal to determine the propriety of the trial court’s dismissal of the complaint against defendant Colquitt County Board of Education (Board). The trial court granted the Board’s motion to dismiss on the ground that it is not a legal entity subject to suit.
In a long line of cases, we, and the Court of Appeals, have held that a county board of education, unlike the school district which it manages, is not a body corporate and does not have the capacity to sue or be sued. See, e.g., Smith v. Maynard, 214 Ga. 764, 769 (2) (107 SE2d…
2Cases cited6 opinions
- Toombs County v. O'NEALSupreme Court of Georgia · 1985
- Thigpen v. McDUFFIE COUNTY BOARD OF EDUCATIONSupreme Court of Georgia · 1985
- Morman v. Bd. of Ed. of Richmond CountySupreme Court of Georgia · 1962
- Parker v. Bd. of Ed. of Sumter CountySupreme Court of Georgia · 1952
- Foster v. Cobb County Board of EducationCourt of Appeals of Georgia · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Damene W. Woldeab v. DeKalb County Board of EducationCourt of Appeals for the Eleventh Circuit · 2018
- Foskey v. Vidalia City SchoolCourt of Appeals of Georgia · 2002
- Kaylor v. AtwellCourt of Appeals of Georgia · 2001
- Reeves Alexander Reeves v. J.A. WilbanksCourt of Appeals for the Eleventh Circuit · 2013
- Wellborn v. DeKalb County School DistrictCourt of Appeals of Georgia · 1997
12 more not listed; retrieve them via the Exa API.