IN THE SUPERIOR COURT OF ATHENS-CLARKE COUNTY STATE OF GEORGIA COMPLAINT

Similar documents
IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA COMPLAINT

IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

In the Supreme Court of Georgia. GEORGIACARRY.ORG, INC., JAMES CHRENCIK, MICHAEL NYDEN, AND JEFFREY HUONG, Appellants

STATE OF WISCONSIN CIRCUIT COURT WAUKESHA COUNTY. Case Classification Declaratory Judgment. Complaint

IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA

IN THE SUPREME COURT OF GEORGIA

In the United States District Court For the Northern District of Georgia Gainesville Division BRIEF IN SUPPORT OF MOTION TO INTERVENE

IN THE COURT OF APPEALS OF GEORGIA

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA. v. Civil Action No. Judge: COMPLAINT FOR DECLARATORY JUDGMENT AND PERMANENT INJUNCTIVE RELIEF

IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA

IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA

IN THE SUPREME COURT OF GEORGIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION COMPLAINT I. INTRODUCTION

Case 1:14-cv M-LDA Document 1 Filed 07/23/14 Page 1 of 13 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

In the Court of Appeals of Georgia

IN THE SUPERIOR COURT OF FORSYTH COUNTY0 INTHISc:fl'l~""''OJ STATE OF GEORGIA VERIFIED COMPLAINT

COMPLAINT FOR DECLARATORY RELIEF AND PETITION FOR WRIT OF MANDAMUS. Introduction

SUPERIOR COURT OF CHATHAM COUNTY STATE OF GEORGIA DEFENDANTS' VERIFIED ANSWER TO PLAINTIFFS' COMPLAINT

IN THE SUPREME COURT OF GEORGIA. GEORGIACARRY.ORG, INC.,et.al.,) Appellants, ) ) v. ) Case No. S15A1632 ) TOM CALDWELL, et.al.

NC General Statutes - Chapter 14 Article 53B 1

COpy IN THE SUPERIOR COURT OF FULTON COU T\ STATE OF GEORGIA ORDER DENYING INTERLOCUTORY INJUNCTION AND DISMISSING CASE BACKGROUND

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN MILWAUKEE DIVISION

IN THE COURT OF APPEALS OF GEORGIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Case 3:11-cv JPB Document 3 Filed 01/24/11 Page 1 of 11 PageID #: 3

SUPERIOR COURT OF WASHINGTON FOR CLARK COUNTY 9. Case No.

IN THE COURT OF APPEALS OF GEORGIA. GEORGIACARRY.ORG, INC., et.al.,) Appellants, ) ) v. ) Case No. A19A0862 ) THOMAS C. BORDEAUX, JR.

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF

NEEDLEMAN AND PISANO Montville Professional Building 161 Route 202, P.O. Box 187 Montville, New Jersey (973) Attorneys for Plaintiffs

Case 1:08-cv Document 1 Filed 06/26/2008 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case 1:09-cv TWT Document 3 Filed 03/24/2009 Page 1 of 10

CALIFORNIA LOCAL AUTHORITY TO REGULATE FIREARMS

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 4:17-cv SMR-SBJ Document 1 Filed 06/16/17 Page 1 of 22

IN THE STATE COURT OF BRYAN COUNTY STATE OF GEORGIA AMENDED COMPLAINT. Plaintiff, Lloyd Dan Murray, Jr. ( Plaintiff ) brings this action against ILG

MARCH 2017 LAW REVIEW GUN PERMITTEES CHALLENGE PARK FIREARM REGULATIONS

Case: 1:10-cv Document #: 143 Filed: 10/17/14 Page 1 of 3 PageID #:1018

MAY 28, Referred to Committee on Judiciary. SUMMARY Makes technical corrections to measures passed by the 78th Legislative Session.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION

IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE June 20, 2011 Session

FIREARMS INDUSTRY CONSULTING GROUP

2:15-cv LJM-MJH Doc # 1 Filed 01/14/15 Pg 1 of 6 Pg ID 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

FIREARMS INDUSTRY CONSULTING GROUP A Division of Civil Rights Defense Firm, P.C.

IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA

IN THE IOWA DISTRICT COURT FOR POLK COUNTY. Case No. ) ) ) ) ) ) ) ) )

IN THE SUPREME COURT OF THE STATE OF FLORIDA TALLAHASSEE, FLORIDA CASE NO.

THE CORPORATION OF THE CITY OF MISSISSAUGA DISCHARGE OF FIREARMS BY-LAW

IN THE SUPERIOR COURT OF CHATHAM COUNTY STATE OF GEORGIA

Case 1:06-cv BBM Document 39-2 Filed 08/07/2007 Page 1 of 5

Case 1:06-cv CAP Document 47 Filed 09/11/2006 Page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE COURTOF APPEALS STATE OF GEORGIA. MOTION AGAINST APPELLANTS PURSUANT TO RULE 7(e)

Retention Schedules For Local Government Paper & Electronic Records

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

thejasminebrand.com SO SO DEF PRODUCTIONS, INC., thejasminebrand.com

STATE OF MICHIGAN KENT COUNTY CIRCUIT COURT. v. Hon. Dennis B. Leiber

Case 1:14-cv RGS Document 1 Filed 09/22/14 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION

IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA

Referred to Committee on Judiciary. SUMMARY Makes various changes relating to public safety. (BDR )

THE FAMILY VIOLENCE ACT. A. Current and former spouses (including common-law spouses) D. Persons living or formerly living in the same household

FILED 16 DEC 19 AM 11:25

Case 1:11-cv JRH -WLB Document 1 Filed 07/21/11 Page 1 of 6

IN lfi~ S\JfREMlt comn O G1\,ORGl~

Case 1:18-cv Document 1 Filed 05/30/18 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

COUNTY OF GORDON. This Agreement is made as of the of, 2013, by and between Gordon

SUPERIOR COURT OF WASHINGTON IN AND FOR SNOHOMISH COUNTY

CITY OF NORTHFIELD, NJ ORDINANCE NO

Docket No C

IN THE SUPERIOR COURT OF GWINNETT COUNTY ) ) ) ) ) ) ) ) ) ) ORDER. The Plaintiff filed this Declaratory Judgment Action and Motion for Interlocutory

IN THE SUPREME COURT STATE OF GEORGIA ) ) ) ) ) ) BRIEF FOR THE APPELLEE

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN MILWAUKEE DIVISION

Case 1:09-cv TWT Document 21-2 Filed 07/27/2009 Page 1 of 17

CIVIL ACTION NO. 2:16-CV- COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF COMPLAINT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. Plaintiff Civil Action No. 1:08-CV-2437-TCB v.

thejasminebrand.com thejasminebrand.com

THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS:

CHAPTER 2-19 PLANNING COMMISSION

Case 3:10-cv ECR-RAM Document 1 Filed 07/13/10 Page 1 of 9

Case 4:15-cv Document 1 Filed 03/30/15 Page 1 of 5 PageID #: 1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE MOTION I: ORAL ARGUMENTS REQUESTED

United States Court of Appeals

S14A1334. OWENS v. URBINA. Following the trial court s ruling that permanently enjoined the Georgia

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 4:08-cv HLM Document 33 Filed 07/30/2009 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK WHITE PLAINS DIVISION

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D. C. Docket No CV-WCO-1. versus

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Case 1:15-cv FJS Document 1 Filed 02/03/15 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

HOLDING TANK ORDINANCE FOR THE TOWN OF HUDSON, MAINE

Transcription:

IN THE SUPERIOR COURT OF ATHENS-CLARKE COUNTY STATE OF GEORGIA GEORGIACARRY.ORG, INC., ) DONALD A. WALKER, ) ) Plaintiffs, ) ) Civil Action No. v. ) ) ATHENS-CLARKE COUNTY, GEORGIA, ) Defendant ) Introduction COMPLAINT Plaintiffs state the following as their Complaint: 1. This is a Complaint for declaratory and injunctive relief, seeking to have a certain ordinance (the Ordinance ) declared unlawful in Athens-Clarke County. The Ordinance bans the possession of firearms in parks, and such Ordinance is preempted by state law, the Georgia Constitution, and is ultra vires. 2. Athens-Clarke County, Ga., Code 1-10-4(a)(3) bans the possession of firearms within any Athens-Clarke County park. 3. Plaintiff Donald Walker is a natural person who resides in Athens-Clarke County, Georgia. 4. Walker is a former police officer for Defendant. 5. Plaintiff Georgiacarry.Org., Inc. ( GCO ) is a non-profit corporation organized under the laws of the State of Georgia. GCO is a member-oriented corporation whose goals include, among others, protecting the rights of its members to own and carry firearms.

GCO has members residing in and using the parks and recreational facilities of Athens- Clarke County and the aforementioned municipalities, including Walker. 6. Defendant Athens-Clarke County is a county organized under the laws of the State of Georgia, and it has offices at 301 College Avenue; Athens; Athens-Clarke County, Georgia 30601. 7. On September 14, 2007, Plaintiffs counsel wrote a letter to William C. Berryman, Jr., Attorney for Defendant, pointing out that the Ordinance is preempted by O.C.G.A. 16-11-173(b)(1) and requesting that the ordinance be repealed. 8. On October 4, 2007, Berryman responded to counsel s letter, indicating that he disagreed with counsel s conclusion and would not recommend repeal to Defendant. Berryman further stated that Defendant has no plans to take action to repeal the Ordinance. 9. As of the writing of this Complaint, Defendant has not repealed its Ordinance as requested. 10. Plaintiff Walker is a resident of Athens-Clarke County, and a citizen of the State of Georgia and the United States of America. 11. Walker and other GCO members possess valid Georgia Firearms Licenses ( GFL ) issued to them pursuant to the Georgia Firearms and Weapons Act, O.C.G.A. 16-11- 120 et seq. 12. Except for the Ordinance, Walker and other GCO members are otherwise entitled under law to carry a firearm in Athens-Clarke County parks, but they are in fear of arrest and prosecution under the Ordinance for doing so. 2

13. Athens-Clarke County, Ga., Code 1-10-4(a)(3) states, The following acts are prohibited in all parks in Athens-Clarke County: Possession of firearms. 14. O.C.G.A. 16-11-173(b)(1) states, No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components of firearms; firearms dealers; or dealers in firearms components. 15. Article I, Section I, Paragraph VIII of the Georgia Constitution states, The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have the power to prescribe the manner in which arms may be borne. 16. Article I, Section II, Paragraph V states, Legislative acts in violation of this Constitution or the Constitution of the United States are void, and the judiciary shall so declare them. 17. Article IX, Section II, Paragraph I(a) of the Georgia Constitution states, in pertinent part, The governing authority of each county shall have legislative power to adopt clearly reasonable Ordinances for which no provision has been made by general law.this, however, shall not restrict the authority of the General Assembly by general law to further define this power or to limit the exercise thereof. 18. The General Assembly has made provision in general law for the carrying and possession of firearms through a comprehensive statutory framework. O.C.G.A. 16-11-126 through 135, inter alia. 3

19. The General Assembly has also exercised its authority to define even further and limit the exercise of the Defendant s governing authority relating to the carrying and possession of firearms and the use of firearms in self defense. O.C.G.A. 16-11-173 and 16-3-21(c). Count I The Ordinance is Preempted 20. The Ordinance is preempted by the General Assembly s comprehensive regulation of the field of firearms, specifically including but not limited to possession, carrying, and the places where one may or may not carry, pursuant to O.C.G.A. 16-11-126 through 135, inter alia. 21. The Ordinance is further preempted by, and repugnant to, O.C.G.A. 16-11-173, and is therefore void and unenforceable. 22. The Ordinance is preempted by, and repugnant to, Article I, Section I, Paragraph VIII of the Georgia Constitution, and is therefore void and unenforceable. Count II The Ordinance is Ultra Vires 23. Defendant has no power to enact the Ordinance, as such power is specifically withheld from Defendant by Article IX, Section II, Paragraph I(a) of the Georgia Constitution, and further limited by O.C.G.A. 16-11-173, so the Ordinance is ultra vires. Count III The Ordinance is Void 24. The Ordinance is a legislative act in violation of the Georgia Constitution, and is therefore void, and must be declared void by this Court. Count IV Attorneys Fees 25. By insisting on enforcing an invalid Ordinance and refusing to repeal such Ordinance in the face of clear and overwhelming authority of the ordinance s invalidity, Defendant has 4

acted in bad faith, has been stubbornly litigious, and has caused Plaintiffs unnecessary trouble and expense. Prayer for Relief Plaintiff demands the following relief 26. A declaration that the Ordinance s provisions regarding firearms are preempted by O.C.G.A. 16-11-173 and the Georgia Constitution. 27. A declaration that the Ordinance is ultra vires. 28. A declaration that the Ordinance is void. 29. An injunction prohibiting Defendant and its officers, agents, and employees from enforcing or attempting to enforce the Ordinance, to the extent it prohibits possessing or carrying firearms. 30. An injunction requiring Defendant to remove any signs on the Defendant s property that cite a prohibition against possessing or carrying firearms (or weapons, without exceptions for firearms) pursuant to the Ordinance. 31. The costs of bringing this action, including reasonable attorney s fees, pursuant to O.C.G.A. 13-6-11. 32. A jury to try this case. 33. Any other relief the court deems proper. John R. Monroe, Attorney for Plaintiff 9640 Coleman Road Roswell, GA 30075 678-362-7650 State Bar No. 516193 5