Richardson v. Phillips, 309 Ga. App. 773

Summary

The Georgia Court of Appeals affirmed summary judgment for a county commissioner in a taxpayer action seeking her removal for allegedly engaging in an unlawful or unethical real estate transaction with the county. The court held that the local act governing Miller County commissioners must be read together with OCGA § 36-1-14, including its exception for transactions in which the county acquires property as cheaply as or cheaper than it could elsewhere. Because the county received the property as a debt-free gift at no cost to taxpayers, removal was not required.

Holdings

1. Section 14 of the Local Act must be construed together with the entirety of OCGA § 36-1-14, including subsection (a)'s exemption for a transaction in which the county obtains property as cheaply as or cheaper than it could elsewhere.
2. Phillips's actions did not require her removal because the County received the building at no cost to taxpayers and free of debt, bringing the transaction within the applicable statutory exemption.
3. Summary judgment for Phillips was proper because the undisputed record showed no illegal or unethical conduct requiring removal.

Questions Presented

1. Whether Section 14 of the Miller County Local Act, read together with OCGA § 36-1-14, required removal of Phillips despite the County's acquisition of the property at no cost and free of debt.
2. Whether the Local Act's reference to OCGA § 36-1-14 incorporated only the removal procedure in subsection (b), or also the substantive exemption in subsection (a) for transactions in which the county obtains property as cheaply as or cheaper than it could elsewhere.
3. Whether summary judgment for Phillips was proper on Richardson's removal claim.

Disposition

affirmed