Murphy v. Pearson, 284 Ga. 296

Summary

The Supreme Court of Georgia held that a county board could not make a prospective appointment to an industrial development authority when the board's composition could change before the vacancy arose. Because Murphy's appointment to the succeeding four-year term was invalid, the court affirmed the determination that Pearson was the rightful officeholder.

Holdings

1. An appointing authority may make a prospective appointment only when the vacancy will occur while the appointing authority remains in office; because the Board that appointed Murphy would no longer be the appointing body when the vacancy occurred, Murphy's January 2006 prospective appointment was invalid.
2. Pearson was the rightful member of the Industrial Development Authority because Murphy was not legally appointed to the four-year term commencing in January 2007.

Questions Presented

1. Whether the Board of Commissioners had authority in January 2006 to make a prospective appointment to an Industrial Development Authority seat that would not become available until January 2007.
2. Whether Murphy's January 2006 appointment validly entitled her to the four-year term beginning in January 2007.

Disposition

affirmed