Legal Opinion

Rouse v. Department of Natural Resources

Supreme Court of Georgia

Decided November 22, 1999No. S99A1148PublishedCited by 26 opinions

1Opinion of the Court

Sears, Justice.

We granted the application for discretionary appeal filed by the appellant, William Rouse, to review his challenges to the constitutionality of the Protection of Tidewaters Act (the “Act”). Concluding that Rouse’s attacks on the constitutionality of the Act are without merit, we affirm the superior court’s judgment.

Under the Act, which became law in 1992, 2 the Georgia Department of Natural Resources (the “DNR”) has the authority to order the removal of any “structure” 3 that is located upon the “tidewaters” 4 of the State. 5 The DNR also has the authority to permit a structure…

2Cases cited12 opinions

  1. Sabel v. StateSupreme Court of Georgia · 1983
  2. Ambles v. StateSupreme Court of Georgia · 1989
  3. Goldrush II v. City of MariettaSupreme Court of Georgia · 1997
  4. Craven v. Lowndes County Hospital AuthoritySupreme Court of Georgia · 1993
  5. City of Atlanta v. WatsonSupreme Court of Georgia · 1996

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3Cited by26 opinions

  1. Zarate-Martinez v. EchemendiaSupreme Court of Georgia · 2016
  2. Wilkes & Mchugh, P.A. v. LTC Consulting, L.P.Supreme Court of Georgia · 2019
  3. Gliemmo v. CousineauSupreme Court of Georgia · 2010
  4. Payne v. StateSupreme Court of Georgia · 2002
  5. Rhodes v. StateSupreme Court of Georgia · 2008

21 more not listed; retrieve them via the Exa API.

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