McMillan v. Gold Kist, Inc.

HEARN, C.J.:

Gold Kist, Inc. appeals from two circuit court orders finding it was prohibited from enforcing an arbitration agreement adopted by an amendment to its bylaws. Gold Kist argues that by signing a membership agreement, McMillan was bound by Gold Kist’s subsequently adopted arbitration policy. We agree and reverse.

FACTS

Gold Kist is an agricultural cooperative organized under and governed by the Georgia Cooperative Marketing Act and the Georgia Non-Profit Code. Gold East’s membership consists of farmers, and the members elect the Board of Directors, which governs the cooperative. Gold…