Garden Club v. Shackelford

Summary

The Georgia Supreme Court held that OCGA § 32-6-75.3, authorizing removal of vegetation from public rights-of-way to improve visibility of private outdoor advertising signs, did not violate the Georgia Constitution’s gratuities clause. The court held that the Department of Transportation’s regulations were invalid because the department failed to consult the Roadside Enhancement and Beautification Council as required by statute. The court affirmed in part and reversed in part, and rejected the challenge to the Manual of Guidance.

Holdings

1. OCGA § 32-6-75.3 is constitutional because the state receives a substantial benefit from the information provided to the traveling public by outdoor advertising and from payment of the value of trees or vegetation removed from public property.
2. The regulations were invalid because the Department of Transportation failed to involve the Roadside Enhancement and Beautification Council in the rulemaking process as required by OCGA § 32-6-75.1.
3. The challenge asserting that the Manual of Guidance had to be promulgated under the Georgia Administrative Procedure Act was without merit.

Questions Presented

1. Whether OCGA § 32-6-75.3 violates the gratuities clause of the Georgia Constitution by permitting removal of public vegetation to improve views of private outdoor advertising signs.
2. Whether the Department of Transportation's regulations were validly promulgated when the Department failed to consult the Roadside Enhancement and Beautification Council as required by OCGA § 32-6-75.1.
3. Whether the Department of Transportation's Manual of Guidance was required to be promulgated under the Georgia Administrative Procedure Act.

Disposition

other