City Council v. Carthern

Supreme Court of Georgia

City Council v. Carthern

443 S.E.2d 850, 264 Ga. 107

CourtSupreme Court of Georgia

DecidedApril 4, 1994

DocketS94A0439

StatusPublished

This text of 443 S.E.2d 850 (City Council v. Carthern) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City Council v. Carthern, 443 S.E.2d 850, 264 Ga. 107 (Ga. 1994).

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Opinion

Hunt, Chief Justice.

Viola Carthern brought this action seeking to require the members of the Augusta City Council to approve her application for a license for the sale of alcoholic beverages. The trial court found that the city council’s previous denial of Ms. Carthern’s application was improper and remanded the case to the city council to reconsider the application on appropriate legal and factual grounds. The record does not support the trial court’s finding of bias on the part of councilman Baker, nor authorize the trial court’s disqualification of that councilmember, in advance, from reconsidering the application. Accordingly, that part of the trial court’s order is reversed. With that exception, the trial court’s order is supported by the record, and the remand order is affirmed.

Judgment affirmed in part; reversed in part.

All the Justices concur.

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Hunt, Chief Justice.

Viola Carthern brought this action seeking to require the members of the Augusta City Council to approve her application for a license for the sale of alcoholic beverages. The trial court found that the city council’s previous denial of Ms. Carthern’s application was improper and remanded the case to the city council to reconsider the application on appropriate legal and factual grounds. The record does not support the trial court’s finding of bias on the part of councilman Baker, nor authorize the trial court’s disqualification of that councilmember, in advance, from reconsidering the application. Accordingly, that part of the trial court’s order is reversed. With that exception, the trial court’s order is supported by the record, and the remand order is affirmed.

Judgment affirmed in part; reversed in part.

All the Justices concur.

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Bluebook (online)

443 S.E.2d 850, 264 Ga. 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-council-v-carthern-ga-1994.