City of Union Point v. Greene Cnty.

812 S.E.2d 278
CourtSupreme Court of Georgia
DecidedMarch 15, 2018
DocketS17A1878; S17X1879
StatusPublished
Cited by16 cases

This text of 812 S.E.2d 278 (City of Union Point v. Greene Cnty.) 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 of Union Point v. Greene Cnty., 812 S.E.2d 278 (Ga. 2018).

Opinions

Boggs, Justice.

This dispute between Greene County and the City of Union Point arises out of the Service Delivery Strategy Act, OCGA § 36-70-20 et seq., and calls into question the constitutionality of the evidentiary hearing process provided by OCGA § 36-70-25.1 (d) (2). In its order entered at the end of the hearing process, the trial court found that portion of the statute unconstitutional, and further found that sovereign immunity barred all claims and remedies except those provided for in the SDS Act itself. We affirm the trial court's ruling on sovereign immunity, but reverse its finding on the constitutionality of OCGA § 36-70-25.1 (d) (2). We further find that the trial court exceeded the bounds of the statutory process by going beyond the remedies provided to order particular actions by the parties and by considering matters not submitted to mediation. We therefore affirm in part, reverse in part, vacate the trial court's order in part, and remand for entry of an appropriate order.

*281The SDS Act was enacted in 1997.1 The General Assembly declared that the Act is intended

to provide a flexible framework within which local governments in each county can develop a service delivery system that is both efficient and responsive to citizens in their county. The General Assembly recognizes that the unique characteristics of each county throughout the state preclude a mandated legislative outcome for the delivery of services in every county. The process provided by this article is intended to minimize inefficiencies resulting from duplication of services and competition between local governments and to provide a mechanism to resolve disputes over local government service delivery, funding equity, and land use. The local government service delivery process should result in the minimization of noncompatible municipal and county land use plans and in a simple, concise agreement describing which local governments will provide which service in specified areas within a county and how provision of such services will be funded.

OCGA § 36-70-20. The SDS Act prescribes a process for developing a local government service agreement, OCGA § 36-70-21, its required components, OCGA § 36-70-23, and criteria for its development, OCGA § 36-70-24.

The SDS Act was amended in 2000 to add OCGA § 36-70-25.1.2 This statute provides a "mechanism to resolve disputes" between a county and its municipalities, beginning with "some form of alternative dispute resolution" under subsection (c), "the imposition of sanctions" by the limitation of funding for "any local government or authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy" pursuant to OCGA § 36-70-27, and mandatory mediation under subsection (d) (1). If all these provisions fail to resolve a dispute, subsection (d) (2) provides:

If no service delivery strategy has been submitted for verification to the Department of Community Affairs at the conclusion of the mediation, any aggrieved party may petition the superior court and seek resolution of the items remaining in dispute. The visiting or senior judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and render a decision with regard to the disputed items. In rendering the decision, the judge shall consider the required elements of a service delivery strategy with a goal of achieving the intent of this article as specified in Code Section 36-70-20. It shall be in the discretion of the judge to hold the sanctions specified in Code Section 36-70-27 against one or more of the parties in abeyance pending the disposition of the action. The court is authorized to utilize its contempt powers to obtain compliance with its decision relating to the disputed items under review. The judge shall be authorized to impose mediation costs and court costs against any party upon a finding of bad faith.

In October 1999, pursuant to the SDS Act, Greene County and five municipalities within the County, including the City of Union Point, entered into various intergovernmental agreements governing local services. These agreements were incorporated into a service delivery strategy and filed with the Georgia Department of Community Affairs.3 The service delivery strategy was amended from time to time, most substantially in 2004.

The litigation before us began on October 21, 2015, when the City of Union Point filed a "Complaint for TRO, Interlocutory and Permanent Injunction," alleging that Greene County had unilaterally discontinued police and fire dispatch and communications services to the City's police and fire departments and had ignored attempts to resolve *282the issue. The trial court entered a temporary restraining order directing the County to resume dispatch and communications services. A month later, in response to a motion to dismiss, the City amended its complaint to seek a declaratory judgment and mediation under OCGA §§ 36-70-28 (c)4 and 36-70-25.1 (d). After the County filed a second motion to dismiss on the grounds of sovereign immunity, standing, and untimely request for mediation, the City again amended its complaint to assert claims for breach of contract, mandamus, specific performance, injunction and attorney fees, and attached a certified copy of the service delivery agreements on file with the Georgia Department of Community Affairs.

On January 12, 2016, the trial court entered a consent order assigning the dispute to mediation pursuant to OCGA § 36-70-25.1 (d) (1) (A), staying all other proceedings in the case, directing the County to continue to provide dispatch and communications services until the end of the mediation period, and adding the city of Greensboro as a necessary party to the mediation under OCGA § 36-70-25.1 (d) (1) (B). The dispute went to mediation, where the parties reached agreement "in principle" on a number of issues, but were unable to resolve the dispute regarding dispatch and communications services.

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Bluebook (online)
812 S.E.2d 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-union-point-v-greene-cnty-ga-2018.