Legal Opinion

Garden Club of Georgia, Inc. v. Shackelford

Supreme Court of Georgia

Decided November 6, 1995No. S95A1301PublishedCited by 12 opinions

1Opinion of the Court

Fletcher, Presiding Justice.

The Georgia Department of Transportation promulgated regulations to permit the trimming of trees and vegetation on the highway rights-of-way to make advertising signs on private property more visible. The Garden Club of Georgia sought to enjoin the department from issuing permits, contending that the regulations violate the constitutional prohibition against gratuities. The trial court denied the injunction. We reverse because the regulations assist the outdoor advertising industry without providing a substantial benefit to the state or its citizens.

In December…

2Cases cited5 opinions

  1. Haggard v. Board of Regents of University SystemSupreme Court of Georgia · 1987
  2. Marietta Chair Co. v. HendersonSupreme Court of Georgia · 1904
  3. Smith v. Board of Commissioners of Roads & RevenuesSupreme Court of Georgia · 1979
  4. Turner Communications Corp. v. Georgia Department of TransportationCourt of Appeals of Georgia · 1976
  5. McCook v. LongSupreme Court of Georgia · 1942

3Cited by12 opinions

  1. Rabun County v. Mountain Creek Estates, LLCSupreme Court of Georgia · 2006
  2. Outdoor Advertising Ass'n of Georgia, Inc. v. Garden Club of Georgia, Inc.Supreme Court of Georgia · 2000
  3. Bauerband v. JACKSON COUNTY BD. OF COM'RSSupreme Court of Georgia · 2004
  4. Garden Club v. ShackelfordSupreme Court of Georgia · 2002
  5. Bibb County v. Georgia Power Co.Court of Appeals of Georgia · 1999

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