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Council joins amicus effort asking state Supreme Court to revisit right-of-way liability ruling

5418219 · July 17, 2025
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Summary

The City Council voted 5-0 to join an amicus brief supporting the City of Milton’s petition to the state Supreme Court seeking to overturn a Court of Appeals ruling that could expand municipal liability for objects in public rights-of-way.

The City Council approved by unanimous vote a resolution authorizing the city to join an amicus brief in a case before the state Supreme Court concerning municipal liability for objects in public rights-of-way. A staff member identified in the record as Kevin explained that the Court of Appeals' decision in the Milton case holds that cities could be held liable when someone is injured by objects in the public right-of-way. "Milton's judgment ... was astronomical," Kevin said, describing the apparent judgment amount as exceeding Milton's insurance and noting the potential fiscal consequence for local governments. Kevin recommended the city join Milton's petition (identified in the record as Chang v. City of Milton) to ask the Supreme Court to overturn the Court of Appeals decision and reinstate broader sovereign-immunity protections for local governments in such cases. A council member moved to approve the resolution to join the amicus brief; the motion carried 5-0. The transcript records the council's approval but does not include the draft brief text, the deadline for filing, or the expected legal counsel who will sign the brief on the city's behalf. No public testimony was recorded on the matter.