Self v. City of Atlanta

Although I agree with the holding reached by the majority in Division 2 of its opinion, I am compelled to write separately because of the majority’s failure to resolve the apparent inconsistency between the “sue and be sued” language contained in the city’s charter and the sovereign immunity which is granted to municipal corporations of this state.

As noted by the appellant, the phrase “sue and be sued,” or words of similar import, have been held to constitute an express waiver of sovereign or governmental immunity. As suggested by the majority, however, the cases relied on by appellant do not…