Legal Opinion

Garden Club v. Shackelford

Supreme Court of Georgia

Decided February 25, 2002No. S01A0771PublishedCited by 10 opinions

1Opinion of the Court

Fletcher, Chief Justice.

The issue in this appeal is whether the statute and regulations providing for the removal of public property to permit the viewing of outdoor advertising signs on private property violate the gratuities clause of the Georgia Constitution.1 We affirm the trial court’s holding that OCGA § 32-6-75.3 is constitutional because the statute provides a substantial benefit to the state through the information given to the traveling public on billboards and through the payment of the value of the trees removed. Because DOT failed to comply with the statute’s procedural…

2Cases cited10 opinions

  1. Suggs v. StateSupreme Court of Georgia · 2000
  2. Haggard v. Board of Regents of University SystemSupreme Court of Georgia · 1987
  3. Smith v. Board of Commissioners of Roads & RevenuesSupreme Court of Georgia · 1979
  4. Outdoor Advertising Ass'n of Georgia, Inc. v. Garden Club of Georgia, Inc.Supreme Court of Georgia · 2000
  5. Thompson v. StateSupreme Court of Georgia · 1985

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3Cited by10 opinions

  1. JIG Real Estate, LLC v. Countrywide Home Loans, Inc.Supreme Court of Georgia · 2011
  2. Lamad Ministries, Inc. v. Dougherty County Board of Tax AssessorsCourt of Appeals of Georgia · 2004
  3. Avery v. State of GeorgiaSupreme Court of Georgia · 2014
  4. City of Columbus v. Georgia Department of TransportationSupreme Court of Georgia · 2013
  5. Gateway Cmty. Serv. Bd. v. BonatiCourt of Appeals of Georgia · 2018

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