Charles H. Wesley Education Foundation, Inc. v. State Election Board

I dissent. In my view, the Charles H. Wesley Education Foundation, Inc. (“Wesley Foundation”) followed precisely the correct procedure to obtain a court order forcing a recalcitrant state administrative agency to respond to a petition for rulemaking under the Georgia Administrative Procedure Act (“Georgia APA”).1 As the majority opinion tacitly concludes, it was error for the trial court to consider the April 7, 2006 letter from an attorney for the State Election Board (“Board”) in deciding whether to grant the Board’s motion to dismiss for failure to state a claim upon which relief can be…