Morgan County Bd. of Comm. v. Mealor

4 Citing cases

  1. Nichols v. Gross

    282 Ga. 811 (Ga. 2007)   Cited 11 times
    Rejecting equal protection challenge to five-year statute of repose, statute did not reflect irrational legislative judgment

              (Citations omitted.) Morgan County Bd. ofCommrs. v. Mealor, 280 Ga. 241, 243(2), 626 S.E.2d 79 (2006) . It is undisputed that no issues of โ€œsuspect class" or โ€œfundamental right" are presented in this case.           [282 Ga. 813] This Court has previously applied the โ€œrational basis" test to the statute of repose set forth in OCGA ยง 9-3-71(b) .

  2. City of Roswell v. Fellowship Christian

    281 Ga. 767 (Ga. 2007)   Cited 6 times
    Zoning body was authorized to deny permit for high school stadium when applicant's own evidence showed that the stadium would add to the already existing adverse traffic conditions in the area due to two other stadiums within one mile, and no practical remedial measures could be taken to counteract that negative consequence

    Where, as here, a suspect class is not involved, a local government may not treat similarly situated applicants differently unless there is a rational basis for that treatment. Morgan County Bd. ofCommissioners v. Mealor, 280 Ga. 241, 243 (2) ( 626 SE2d 79) (2006). However, the location of two other pre-existing facilities in the immediate area is a factor which Appellants could consider in determining whether FCS's application for yet another stadium could have an adverse impact on the health, safety or general welfare of the public.

  3. Edmonds v. Board of Regents of the University System of Georgia

    302 Ga. App. 1 (Ga. Ct. App. 2009)   Cited 11 times
    Holding that the plaintiff's raising "possible safety concerns" was not protected under O.C.G.A. ยง 45-1-4(d) because "neither [the plaintiff]'s complaint, his pleadings in the trial court, nor appellate brief cite[d] to a 'law, rule, or regulation' that [the defendant] allegedly violated"

    Morgan County Bd. of Commrs. v. Mealor.Morgan County Bd. of Commrs. v. Mealor, 280 Ga. 241, 243 (2) ( 626 SE2d 79) (2006). The person who is asserting the equal protection claim has the burden to establish that he is similarly situated to members of the class who are treated differently from him.

  4. U.S. v. Berrien Lisa Sutton

    Criminal Action No. 5:08-CR-40(HL) (M.D. Ga. Feb. 11, 2009)   Cited 1 times

    Under this statute, "court fines and forfeitures are indeed County funds." Morgan v. County Bd. of Com'rs v. Mealor, 280 Ga. 241, 243, 626 S.E.2d 79, 81 (2006). Count 11 alleges that Sutton and Blitch created these fees, not to go into the County treasury, but to go into a private slush fund that they created.