Roberts, et al. v. Deal, et al.
Annotate this CaseLocal residents filed a complaint with the governor against appellants, who were elected members of the WCBE, alleging that they had violated OCGA 45-10-3. Appellants subsequently appealed the order of the superior court denying their petition for judicial review under the Georgia Administrative Procedures Act. The court held that the appeal as to Appellant Roberts was moot and must be dismissed; the appeal as to Appellants Brown and Culver were not moot because their terms have not expired; and that appellants were required by section 45-10-4 to proceed under the Act, and no delay seen here warranted the imposition of the doctrine of laches. The court held that OCGA 20-2-50, et seq. did not create county boards of education and the court had previously stated that county school boards were creations of the Constitution. The court rejected appellees' assertion that the the term "boards, commissions, and authorities created by general statute" should be construed expansively to include any and all such entities created by the Constitution. The court also noted that the General Assembly was well aware of how to include members of county boards of education within the ambit of ethics legislation.
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