Smith v. Pulaski County

Hunstein, Justice.

In February 1997, appellant Kathleen Lamkin Jackson Smith and other members of her family filed a petition for mandamus against Pulaski County and its sole commissioner, John Anderson, claiming that the County had an affirmative obligation under the Georgia Abandoned Cemeteries Act, OCGA § 36-72-1 et seq., to preserve, protect, and prevent the desecration of the Lamkin family cemetery located in Pulaski County. Appellants also asserted claims of negligence and negligence per se against Alvin Mathis, the owner of the property on which the family cemetery is located, based on…