Eastern Air Lines, Inc. v. Fulton County

I wholeheartedly agree with the majority’s holding that Eastern is entitled to prejudgment interest on the wrongfully assessed taxes. However, as much as I sympathize with the majority’s desire to allow Eastern also to collect attorney fees pursuant to OCGA § 13-6-11 based on the county’s alleged bad faith and stubborn litigiousness, I am persuaded by constitutional and statutory law that the county enjoys sovereign immunity from that claim.

With certain specific exceptions set forth in the Georgia Constitution, “[a] county is not liable to suit for any cause of action unless made so by…