GeorgiaCarry.Org, Inc. v. Allen

791 S.E.2d 800, 299 Ga. 716, 2016 Ga. LEXIS 611
CourtSupreme Court of Georgia
DecidedOctober 3, 2016
DocketS16A1257
StatusPublished
Cited by4 cases

This text of 791 S.E.2d 800 (GeorgiaCarry.Org, Inc. v. Allen) 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
GeorgiaCarry.Org, Inc. v. Allen, 791 S.E.2d 800, 299 Ga. 716, 2016 Ga. LEXIS 611 (Ga. 2016).

Opinion

Melton, Justice.

GeorgiaCarry.Org, Inc. (“Georgia Carry”) is a nonprofit corporation with the stated purpose of “focus [ing] ... on public interest matters of self-defense and gun laws of the State of Georgia and the United States of America.” On October 29, 2015, Georgia Carry filed in Fulton County Superior Court an “Application for Leave to File an Information in the Nature of Quo Warranto,” against members of the Code Revision Commission (the “Commission”),1 in an effort to challenge the right of every individual Commission member to continue serving on the Commission. The superior court denied the application, finding that Georgia Carry lacked standing to pursue a writ of quo warranto, and Georgia Carry appeals from this ruling. As explained more fully below, because the trial court correctly concluded that Georgia Carry did not have individual standing or associational standing on behalf of its members to pursue a writ of quo warranto, we affirm.

“Quo warranto is an extraordinary remedy which exists solely by virtue of statute.” (Citations and punctuation omited.) Richardson v. Phillips, 285 Ga. 385, 385 (677 SE2d 117) (2009). In this regard, OCGA § 9-6-60 provides:

The writ of quo warranto may issue to inquire into the right of any person to any public office the duties of which he is in fact discharging. It may be granted only after the application by some person either claiming the office or interested therein.

[717]*717In order to determine whether Georgia Carry is authorized to pursue a writ of quo warranto under this statute, we must first determine the proper interpretation of OCGA § 9-6-60 by applying fundamental rules of statutory construction, which

require us to construe [the] statute according to its terms, to give words their plain and ordinary meaning, and to avoid a construction that makes some language mere surplusage. At the same time, we must seek to effectuate the intent of the legislature.

(Citations omitted.) Slakman v. Continental Cas. Co., 277 Ga. 189, 191 (587 SE2d 24) (2003).

Bearing these principles in mind, we must determine whether Georgia Carry qualifies as a “person either claiming the office [of the Commission members] or interested therein” pursuant to OCGA § 9-6-60 such that it would be authorized to pursue a writ of quo warranto. As explained below, a straightforward reading of OCGA § 9-6-60 reveals that the legislature did not intend for a nonprofit corporation such as Georgia Carry to be considered a “person” for purposes of pursuing a writ of quo warranto.

By its plain terms, OCGA § 9-6-60 indicates that the type of “person” who may pursue a writ of quo warranto to challenge the right of a “person” to a public office must be someone who is capable of “claiming” the public office occupied by another person, or a “person” who is otherwise interested in the office in question even if that person is not making a direct claim to the office itself. The text itself suggests that, as only individual natural persons can hold or claim to hold a public office, only natural individual persons can be otherwise interested therein. See White v. Miller, 235 Ga. 192, 192-193 (219 SE2d 123) (1975) (interested citizen and taxpayer may institute quo warranto proceedings to inquire into right of another person to hold public office the duties of which he is discharging). Indeed, as this Court has long recognized,

[w]here the purpose is to declare the [public] office vacant, any citizen and taxpayer may file a proceeding in the nature of quo warranto. If the relator happens to be the defeated candidate, his right to file the information is in his capacity as an interested citizen, and not in his capacity of a defeated candidate.

Hathcock v. McGouirk, 119 Ga. 973, 978 (47 SE 563) (1904). Here, the fact that Georgia Carry may claim to have an “interest” in the offices [718]*718held by the Commission members does not transform Georgia Carry into a “person” under OCGA § 9-6-60. We find no indication that the legislature intended for a nonprofit corporation such as Georgia Carry to be considered to be a “person” for purposes of pursing a writ of quo warranto. Indeed, although corporations may generally be considered to be “persons” under the law (see OCGA § 1-3-3 (14)), that is not the case where, as here, the legislature has shown its intent to exclude corporations from the types of “persons” who are authorized to pursue a writ of quo warranto. See OCGA § 1-3-2 (“As used in this Code or in any other law of this state, defined.words shall have the meanings specified, unless the context in which the word or term is used clearly requires that a different meaning be used”). See also, e.g., Ga. R. Bank & Trust Co. v. Liberty Nat. Bank & Trust Co., 180 Ga. 4, 12 (177 SE 803) (1934) (“A corporation is not impliedly within a statutory provision applicable to persons, if it is not within the purpose and intent of such provision, or if an attempt to exclude it otherwise appears”) (citation omitted). Accordingly, under a plain reading of OCGA § 9-6-60, Georgia Carry would not be an authorized “person” to pursue a writ of quo warranto to challenge the rights of the Commission members to hold their public offices.

However, this does not end our inquiry. Although Georgia Carry is not authorized to pursue a writ of quo warranto as a “person” under OCGA § 9-6-60, this does not necessarily mean that Georgia Carry could not obtain standing as an association on behalf of its individual citizen and taxpayer members to pursue a writ of quo warranto.

An association has standing to bring suit on behalf of its members when: (a) its members would otherwise have standing to sue in their own right; (b) the interests it seeks to protect are germane to the organization’s purpose; and (c) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.

(Citation and punctuation omitted). Atlanta Taxicab Co. Owners Assn. v. City of Atlanta, 281 Ga. 342, 344 (2) (638 SE2d 307) (2006).

Here, because there are citizen and taxpayer members of Georgia Carry who may qualify as persons under OCGA § 9-6-60

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Cite This Page — Counsel Stack

Bluebook (online)
791 S.E.2d 800, 299 Ga. 716, 2016 Ga. LEXIS 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgiacarryorg-inc-v-allen-ga-2016.