Brian Jackson v. City of Atlanta

Summary

The Georgia Court of Appeals held that the superior court erred by refusing to consider Brian Jackson’s constitutional challenges to the City of Atlanta’s tree ordinance during review of a Tree Conservation Commission decision. The court remanded the case for the superior court to address those constitutional challenges in the first instance.

Holdings

1. A superior court reviewing an administrative adjudication must consider constitutional challenges to the agency's rules or governing ordinance when those challenges are presented as questions of law for appellate review.
2. The case must be remanded to the superior court to consider Jackson's constitutional challenges to the City's Tree Protection Ordinance in the first instance.

Questions Presented

1. Whether the superior court erred by refusing to consider Jackson's constitutional challenges to the City's Tree Protection Ordinance during review of the Tree Conservation Commission's decision.
2. Whether the case should be remanded for the superior court to consider those constitutional challenges in the first instance.

Disposition

reversed_and_remanded