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TAXPAYER STANDING TO RESTRAIN AN ILLEGAL ACT
Supreme Court Google Scholar Williams v. DeKalb County S19A1163 Opinion Williams v. Dekalb Cnty., 840 S.E.2d 423 (Ga. 2020)
See Division (3) (b) below for a discussion of standing conferred by a plaintiff’s status as a citizen or a taxpayer.
a citizen-taxpayer has standing in equity to restrain public officers from performing acts which the law does not authorize. However, absent expenditures of public revenue or performance of a duty owed to the public[,] a citizen-taxpayer has no standing in equity unless [he or] she has special damages not shared by the general public.
Juhan v. Lawrenceville, 251 Ga. 369, 370, 306 S.E.2d 251 (1983). Williams did not allege in his complaint that he suffered any special damages not shared by the general public. Therefore, to survive a motion to dismiss, he must demonstrate that his status as a citizen or as a taxpayer confers standing to seek an injunction against the members of the governing authority in their individual capacities.
(i) Citizen standing . Williams, as a citizen of DeKalb County, generally has standing pursuant to OCGA § 9-6-24 to bring a claim seeking to require a public official to perform the public duties that the General Assembly has conferred upon that official. See Moseley v. Sentence Review Panel , 280 Ga. 646 (1), 631 S.E.2d 704 (2006) (" OCGA § 9-6-24 confers standing ... in those cases wherein the defendant owes a public duty which the plaintiff, as a member of the public, is entitled to have enforced." (citation omitted)).
The Georgia Supreme Court ruled (7-1) on the DeKalb 60 percent pay raise case on Friday, March 13, 2020,
Case Appealed to the Georgia Supreme Court (2nd time)
60 percent pay increase unconstitutional
DeKalb Superior Court June 17, 2021
Williams v. DeKalb County et al., 18CV8645
Senior Judge Alford Dempsey Presiding
DeKalb County headed back to Court. The governing authority's salary increase voted on in 2018 is being challenged by a citizen-taxpayer Ed Williams a resident of DeKalb County.
Williams v. DeKalb County case was docketed in the Georgia Supreme Court on August 18, 2021, for the 2nd time. A previous case was docketed on May 1, 2019. An unconstitutional compensation ordinance to increase the DeKalb County governing authority members' salary by 60% and Open Meeting Act violation will be heard for a second time.
The case was docketed S22A0071
DeKalb County not releasing findings on if employees' personal information was exposed
Public Interest Notice - Court hearing in the case of
Williams v. MARTA et al., October 22, 2020, at 9:30 am
Access hearing via Zoom:
Judge Shukura Millender’s live-stream page.
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(Use Your Rights or You Will Lose Them)
It is the collective and individual legal right of all citizens in the state of Georgia to expect that every article and provision of the Georgia Constitution is equally supported and protected for all its citizens by those who hold an office of trust and who take an oath. Any law that is inconsistent with the provisions should be declared void by the judiciary. It is the right of all citizens to hold their government accountable within the provisions of the Constitution through a petition, and the use of the courts.
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The government is not above the law and its powers are not without end, The government and its officials should be held accountable for their actions, and they should not be able to hide behind the claim of immunity for actions that are beyond their powers, authority and duties. - Ed Williams
History should not exclude the reality that others existed and their roles
Letter to MARTA Board October 8, 2020 Failure of Leadership and Oversight