Clark v. State of Georgia

240 S.E.2d 5, 240 Ga. 188, 1977 Ga. LEXIS 1440

• Court: Supreme Court of Georgia
• Decided: October 24, 1977
• Docket: 32560
• Status: Published

Opinions

Per curiam.

This court granted the application for writ of certiorari to review the decision and judgment of the Court of Appeals in Clark v. State of Ga., 142 Ga. App. 272 (235 SE2d 614) (1977). The Court of Appeals affirmed the dismissal of a tort suit against the State of Georgia, the Department of Natural Resources, its director and board on the grounds of state sovereign immunity.

In 1974 a constitutional amendment was ratified authorizing the establishment of a State Court of Claims. Code Ann. § 2-3401. This court has held that by virtue of the adoption of this amendment the doctrine of state sovereign immunity now has constitutional status and cannot be abrogated or modified by this court. Azizi v. Bd. of Regents of U. of Ga., 233 Ga. 487, 488 (212 SE2d 627) (1975).

The petitioner contends that the amendment was illegally ratified because it dealt with more than one subject matter. We disagree. See Sears v. State of Ga., 232 Ga. 547 (5) (208 SE2d 93) (1974); Hammond v. Clark, 136 Ga. 313, 324 (71 SE 479) (1911).

The petitioner also contends that the amendment was illegally ratified because the ballot language did not inform the electorate that they were adopting the doctrine of state sovereign immunity. We disagree. See Sears, supra, 554-556; McLennon v. Aldredge, 223 Ga. 879 (159 SE2d 682) (1968).

Judgment affirmed.

All the Justices concur, except Jordan, J., who concurs in the judgment only and Nichols, C. J., and Hill, J., who dissent. Glenville Haldi, Jones, Corbin & Sarama, Gregory T. Jones, Harold K. Corbin, for appellants. Arthur K. Bolton, Attorney General, Robert E. Hall, Special Assistant Attorney General, for appellees.