MAYOR & COUNCIL OF THE CITY OF FLEMINGTON v. Boatwright

Smith, Justice.

We granted a writ of certiorari to the Court of Appeals in Boatwright v. Mayor &c. of Flemington, 189 Ga. App. 676 (377 SE2d 1) (1988), to consider whether the mayor and members of the city council are parties to the case as individuals. We hold that they are not and we reverse.

The appellee, Larry Boatwright, filed a complaint in 1988 against the appellant, City of Flemington, seeking to compel the City to issue him a business license for the year 1987 and to pay him damages for failure to issue the license. The City filed a timely motion to dismiss for failure to state a claim…