Alpharetta Council OKs resolution to join amicus brief in Chang v. City of Milton appeal

The Alpharetta City Council unanimously approved a resolution authorizing the city to participate in an amicus brief in the Chang v. City of Milton appeal now pending before the Georgia Supreme Court. The council voted to sign on to the brief after City Attorney Molly Eswein described the case and its implications.

The case stems from a fatal crash involving a planter that had been placed in a public right of way by a private homeowner. "This brief is to be submitted more substantively to the Supreme Court because the Supreme Court has agreed to hear the case," City Attorney Molly Eswein told the council, noting that Milton faces a substantial judgment in lower court and that the issue could affect how local governments nationwide manage their rights of way.

Eswein said the city will not pay legal costs to join the brief. "There's no financial contribution from the city for participation in the amicus brief," she said when Councilman Mitchell asked about cost. Council members pressed for a short explanation of why Alpharetta should participate; Councilman Dorito asked Eswein to explain the benefits if Milton's judgment stands. Eswein said the decision could expand local government liability for private items on public rights of way and would therefore affect all municipalities that maintain rights of way.

The motion to approve the resolution was made by Councilman Dorito, seconded by Councilman Brady, and passed unanimously.