Supreme Court of Georgia

Georgia Department of Natural Resources v. Center for a Sustainable Coast, Inc.

February 24, 2014294 Ga. 593

Summary

The court held that sovereign immunity bars claims for injunctive relief against the State at common law and overruled the prior judicially created exception permitting such claims. It also held that the Shore Protection Act does not waive sovereign immunity and does not authorize an injunction against the State's permitting activity. The court concluded that the case was not moot because the requested injunction remained available, and reversed the Court of Appeals insofar as it held the injunction claim viable.