(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 โsuspect class" or โfundamental right" are presented in this case. [282 Ga. 813] This Court has previously applied the โrational basis" test to the statute of repose set forth in OCGA ยง 9-3-71(b) .
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.
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.
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.