Mayor Council of the City of Flemington v. Boatwright

2 Citing cases

  1. Calloway v. City of Warner Robins

    336 Ga. App. 714 (Ga. Ct. App. 2016)   Cited 5 times

    (a) City of Warner Robins. As the trial court correctly found, a municipality’s “issuance of a permit or license is a governmental function[.]” Boatwright v. Mayor & Council of Flemington, 189 Ga. App. 676, 677 (3) (377 SE2d 1) (1988), reversed on other grounds by Mayor & Council of the City of Flemington v. Boatwright, 259 Ga. 175 (377 SE2d 843) (1989). See also City of Thomson v. Davis, 92 Ga. App. 216, 218-219 (1) (88 SE2d 300) (1955) (municipality’s act of granting or revoking a business license constitutes a governmental function).

  2. Poss v. Department of Human Resources

    206 Ga. App. 890 (Ga. Ct. App. 1992)   Cited 6 times
    In Poss v. Dept. of Human Resources, 206 Ga. App. 890, 895 (426 S.E.2d 635) (1992), we held in Division 1 that the court did not err in granting the department's motion for summary judgment on plaintiffs' derivative negligence claim, but we held in Divisions 2 through 6 that the court erred in granting the department's motion for summary judgment on plaintiffs' direct negligence claim.

    In its supporting brief, the department argued that the determination in the federal action that Dr. Azar is immune from liability precludes the present action against the department. The department also argued that under Price v. Dept. of Transp., 257 Ga. 535 ( 361 S.E.2d 146) (1987), as well as Mayor c. of Flemington v. Boatwright, 259 Ga. 175 ( 377 S.E.2d 843) (1989), a waiver of sovereign immunity depends upon the presence of a governmental employee for whom liability insurance protection has been provided; in this case the only defendant is the department itself. The department also filed a counterclaim under Yost v. Torok, 256 Ga. 92 ( 344 S.E.2d 414) (1986), and OCGA § 9-15-14 for frivolous litigation in view of the disposition of the federal suit.