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Next Week at the Court

June 14, 2013

On Monday, the Supreme Court of Georgia will hear its last day of argument for the month of June. Two cases are within the scope of our coverage and summaries of those cases are below.

Monday, June 17, 2013 10:00 am Sitting

S13A0987 Atlanta Independent School System, a/k/a Atlanta Public Schools et al. v. Atlanta Neighborhood Charter School, Inc., et al.

This case involves the proper allocation of funding to local charter schools in Georgia. When a charter school is authorized by a local school district, it receives its funding based on a formula set in statute. When Atlanta Public Schools (APS) made its payments to its locally-authorized charters, it subtracted millions of dollars from its local revenues to pay for pension obligations before applying the funding formula, leading to an eight percent reduction in public funds distributed to the local charters. Several charter schools sued and the trial court agreed that the actions of APS violated the statute. APS appealed to the Supreme Court.

The case will be heard on June 17, 2013.

(Disclosure: Strickland Brockington Lewis LLP filed an amicus brief in support of the appellee charter schools in this case.)

S13A1084 Deal, Governor v. Coleman et al.S13A1085 Kia Motors Manufacturing Georgia, Inc., et al. v. Coleman et al.

This case involves the proper application of the Open Records Act to the state’s role in the hiring process for the Kia Motors facility in West Point, Georgia. Four workers who are employed at the plant sued the state after not receiving documents relating to Quick Start, a program operated by the Technical College System regarding the recruitment and hiring of workers through that program for Kia. After the litigation was filed, the General Assembly passed its comprehensive revision of the Open Records Act, which included an exemption for training programs related to economic development projects such as the Kia program. The State moved to dismiss the litigation and the trial court denied the motion to dismiss, finding the plaintiffs stated a cause of action for state and federal constitutional violations and that sovereign immunity did not apply.

The case will be heard on June 17, 2013.

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