City of Greenville v. Bray, S08A0692.
| Decision Date | 17 November 2008 |
| Docket Number | No. S08A0692.,S08A0692. |
| Citation | 284 Ga. 641,670 S.E.2d 98 |
| Parties | CITY OF GREENVILLE v. BRAY. |
| Court | Georgia Supreme Court |
Gia Brown Compton, Conyers, Mary Carole Cooney, Atlanta, for Appellant.
Willis McKenzie, Matthew Crawford Alford, for Appellee.
James Curtis Bray filed a timely application to enter the 2007 race for mayor of the City of Greenville, with the election scheduled to take place on November 6, 2007. On September 10, 2007, Rodney Garrett, a citizen of Greenville, filed with the Greenville Elections Superintendent a challenge to Bray's qualifications to hold the office of mayor. The basis of the challenge was that Bray had not been a resident of Greenville for the required six months prior to the scheduled time for the election. The challenge was heard before the Elections Superintendent on October 12, and the Superintendent ruled that Bray was not a resident of Greenville. The Superintendent disqualified Bray from participating in the election, and on October 25, 2007, Bray filed a petition to reverse the Superintendent's decision in the Superior Court of Meriwether County. The superior court reversed the prior ruling of the Elections Superintendent, and in a November 1, 2007 order, it declared that Bray was qualified to run in the mayoral election and ordered the City of Greenville to hold the November 6 general election. Bray won the race for mayor, and the City then filed an appeal from the trial court's November 1 order on November 13, 2007, arguing that the superior court erred in reversing the decision of the Elections Superintendent.1
Regardless of the substantive merits or lack thereof relating to the City's claims, the appeal before us is moot. The issues in this case involve a pre-election challenge to a candidate's qualifications, and the failure of an interested party to seek a stay of the election prior to the general election taking place. See Jordan v. Cook, 277 Ga. 155, 587 S.E.2d 52 (2003); Randolph County v. Johnson, 282 Ga. 160(1), 646 S.E.2d 261 (2007).2 This is not a case involving a proper post-election challenge that could survive on appeal after the occurrence of the election. See, e.g., Allen v. Yost, 281 Ga. 102, 636 S.E.2d 517 (2006); OCGA §§ 21-2-520 (); 21-2-503(b) () (emphasis supplied). Therefore, the present appeal...
To continue reading
Request your trial
-
Cook v. Bd. of Registrars of Randolph Cnty.
...this Court's jurisdiction. Accordingly, this Court has decided several cases of this type as well. See, e.g., City of Greenville v. Bray, 284 Ga. 641, 670 S.E.2d 98 (2008) (pre-election challenge to a candidate's qualifications to run for mayor); Handel v. Powell, 284 Ga. 550, 670 S.E.2d 62......
-
Camp v. Williams
...the right to seek elected office, see Handel v. Powell , 284 Ga. 550, 553 n.3, 670 S.E.2d 62 (2008) ; City of Greenville v. Bray , 284 Ga. 641, 641-642, 670 S.E.2d 98 (2008), the statute itself is not so limited. Georgia law recognizes voters’ "interest in having the public offices in their......
-
Scoggins v. Collins
...moot that portion of the appeal challenging the inclusion of Byars' name on the November 2009 ballot. Compare City of Greenville v. Bray, 284 Ga. 641, 641, 670 S.E.2d 98 (2008) and Randolph County, supra, 282 Ga. at 161(2), 646 S.E.2d 261 with Poythress v. Moses, 250 Ga. 452, 453(1), 298 S.......
-
Owens v. City of Greenville, S11A1645.
...erred by granting summary judgment to the City on this count. Judgment reversed.All the Justices concur. 1. In City of Greenville v. Bray, 284 Ga. 641, 670 S.E.2d 98 (2008), this Court previously dismissed as moot a challenge to Bray's qualifications to hold office. 2. It appears from the r......