Tucker joins amicus brief in Chang v. City of Milton; city attorney warns of right‑of‑way liability

The City of Tucker voted to participate in an amicus brief filed by the City of Milton in an appeal before the Georgia Supreme Court concerning a collision with a planter in a roadway shoulder.

Councilmember John explained the request and city attorney Ted described the potential statewide legal implications: if the Georgia Supreme Court upholds the decision in Milton, local governments could face increased municipal liability for items placed in rights-of-way. Ted advised that, under that legal posture, municipalities would want to avoid placing beautification features or other items in the roadway shoulder because they could be considered street defects for liability purposes.

Council moved and seconded the resolution to join the amicus brief. Roger (remote) announced he would abstain from the vote due to professional associations with parties involved; the clerk reported the vote as five in favor and one abstention. The resolution carried.

Next steps: the city will be added as a participant in the amicus brief; the city attorney suggested staff review policies governing the placement of beautification or other items in public rights-of-way depending on the court’s ruling.