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Tucker council votes to join amicus brief in roadway‑obstruction liability case; one abstention
Summary
Council approved a resolution authorizing participation in an amicus brief in Chang v. City of Milton, a Georgia Supreme Court appeal about municipal liability for objects in road shoulders. One councilmember abstained citing a collegial relationship with parties; the motion passed.
The City Council voted July 14 to participate in an amicus brief in Chang v. City of Milton, an appeal pending before the Georgia Supreme Court involving a collision with a planter placed in a roadway shoulder and broader questions about municipal liability for obstructions in public rights‑of‑way.
City counsel explained the potential consequence if the court sides with the plaintiff: municipalities could face increased liability exposure and be advised against placing beautification or similar objects in rights‑of‑way. “Under the current state of the law and if this decision is upheld, my standing advice to the city will be never again to put any kind of city beautification anywhere in the right of way of a public road,” the city attorney said.
Councilmember Roger, participating by Zoom, said he would abstain because he has close professional relationships with colleagues involved in the matter. The clerk recorded the vote as five in favor and one abstention.
Outcome: Resolution R2025‑07‑18 passed with one abstention; the city will join the amicus brief as approved.
