Conyers Council votes to join amicus brief in Chang v. City of Milton

The Conyers City Council on a voice vote approved Resolution 757 authorizing the city to participate in an amicus brief in Chang v. City of Milton, a case now before the Georgia Supreme Court that asks whether fixtures in the right-of-way can be treated as roadway hazards that expose cities to expanded liability.

City staff summarized the case and told the council the original jury award in the underlying case involved large damages after a crash with a concrete planter; the legal question is whether ordinary items in a right-of-way — such as mailboxes, poles or signs — should be categorized in a way that would subject cities to unlimited liability. "There was a very unfortunate car accident in which Mr. Chang lost his life when he hit a fixture, a concrete planter in the city of Milton," staff said as they outlined the issue.

Staff noted that scores of Georgia municipalities have adopted similar resolutions seeking the Georgia Supreme Court's review and that Conyers would add its voice to those urging the court to clarify or limit municipal exposure. A councilmember moved approval and the motion carried by voice vote.

The resolution directs city staff to join the amicus and follow the procedural steps required to file the brief with the court. No roll-call tally was recorded on the record; the council approved the resolution by general assent. The council did not attach conditions or additional funding to the authorization; staff said other cities are already filing similar documents.