My question involves court procedures for the state of: Georgia
I and a couple other individuals sued the City of Savannah in Superior Court. There were several counts to the complaint, but one of them claimed that the city violated an ordinance that stated there could only be 12 members appointed to the local planning commission. The city responded by stating that they found a resolution in the minutes of the Savannah City Council meeting in 1990 that expanded the number of commissioners from 12 to 14. However, the ordinance never was officially amended and still reads 12 members. The judge ruled on a motion to dismiss after a hearing for interlocutory injunction. The court dismissed the claim regarding the planning commission not being properly convened as "form over substance." Because one of the defendants in the case was a developer, our attorney advised us not to proceed with an appeal as the developer would be able to ask for a supersedeas bond.
I want to file a complaint regarding a statute violation in the State Court regarding the 1990 resolution being used as an ordinance. OCGA § 36-80-19 controls how resolutions and ordinances must be codified. I'm concerned that the city can claim res judicata. During the hearing, the city brought a city employee as a witness to state that the resolution had the force and effect of law even though it couldn't be found in the Code of Ordinances of City of Savannah.
Can this testimony be considered to fulfill the third criteria for res judicata that the merits of the case have been heard?
I and a couple other individuals sued the City of Savannah in Superior Court. There were several counts to the complaint, but one of them claimed that the city violated an ordinance that stated there could only be 12 members appointed to the local planning commission. The city responded by stating that they found a resolution in the minutes of the Savannah City Council meeting in 1990 that expanded the number of commissioners from 12 to 14. However, the ordinance never was officially amended and still reads 12 members. The judge ruled on a motion to dismiss after a hearing for interlocutory injunction. The court dismissed the claim regarding the planning commission not being properly convened as "form over substance." Because one of the defendants in the case was a developer, our attorney advised us not to proceed with an appeal as the developer would be able to ask for a supersedeas bond.
I want to file a complaint regarding a statute violation in the State Court regarding the 1990 resolution being used as an ordinance. OCGA § 36-80-19 controls how resolutions and ordinances must be codified. I'm concerned that the city can claim res judicata. During the hearing, the city brought a city employee as a witness to state that the resolution had the force and effect of law even though it couldn't be found in the Code of Ordinances of City of Savannah.
Can this testimony be considered to fulfill the third criteria for res judicata that the merits of the case have been heard?
Civil Procedure Issues: Same Claim but Merits of Case Not Fully Heard Before-Barred by Res Judicata
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