Roswell council agrees to join amicus brief in Chang v. City of Milton appeal

The Roswell City Council on July 14 authorized city attorneys to participate in an amicus (friend‑of‑the‑court) brief in an appeal before the Georgia Supreme Court stemming from Chang v. City of Milton.

City Attorney David Davidson described the issue: a jury previously awarded $35 million to plaintiffs whose son ran off the road after hitting an object placed in Milton’s right of way. Davidson said the Court of Appeals affirmed a ruling that municipalities could be responsible for objects outside the traveled roadway but still within the right of way. He told the council the city is seeking to file an amicus brief to ask the state supreme court to consider broader issues and potential consequences for municipalities.

Davidson said the potential implications are significant for municipal operations: depending on the court’s ruling, local governments might be required to remove or regulate neighborhood signs and other objects located in rights of way, even where utilities and poles are mandated by state rules. “The jury found for the his parents who sued the city of Milton, for $35,000,000,” Davidson told council in his summary, and he urged the council to authorize participation in the brief.

Council action: Council Member David Johnson moved approval; Pro Tem Lee Hills seconded. Council voted 5‑0 to authorize participation in the amicus brief. Staff said the city will join other municipalities in preparing the brief and will follow normal legal review procedures.

Why it matters: staff said the outcome could affect municipal liability and maintenance obligations across Georgia and could require operational changes if the court affirms expanded duties for local governments. The resolution authorizes city attorneys to proceed with participation; no changes to municipal code were proposed at this meeting.