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County attorney: Court of Appeals reverses Superior Court in case involving Commissioner Hoyte; second appeal remanded
Summary
County Attorney Bin Minter told the board the Court of Appeals reversed a Superior Court decision that had overturned a zoning-violation conviction involving Commissioner Damon Hoyte, reinstating earlier magistrate rulings. A separate appeal in Haymond v. Hoyte was remanded and remains pending in Superior Court.
County Attorney Bin Minter told the Commission of the Unified Government of Cusseta-Chattahoochee County on Oct. 7 that the Georgia Court of Appeals issued two opinions affecting litigation involving the county.
Minter said the court reversed a Superior Court decision in UGOCCC v. Damon Hoyte (Superior Court case 23CV072), reinstating the earlier magistrate-court ruling that had found a zoning-ordinance violation. The Superior Court had previously overturned that magistrate decision; the Court of Appeals reversed that outcome and restored the prior magistrate ruling, Minter reported.
In a separate matter involving Melissa Haymond v. Hoyte, Minter said the Court of Appeals reversed the Superior Court’s denial of a motion to dismiss and remanded the case to Superior Court where motions to dismiss remain pending for Ms. Haymond and for the county. "The county still has a motion to dismiss in this case, which remains pending," he said.
Chairman Charles Coffey noted the commission had discussed the matters in executive session and told the public, after reconvening, that the subjects discussed were within the legal exceptions to Georgia’s Open Meetings Act and that no votes were taken in closed session.
The attorney’s update was informational; no formal board action related to the litigation was reported during the meeting. Commissioners did not vote on any settlement or case-specific action at the Oct. 7 session. The board’s executive-session affidavit filed with the minutes cites consultation with legal counsel and other statutory exemptions under O.C.G.A. §§ 50-14-2 and 50-14-3.
The Commission did not provide further public detail about the legal strategy or about fines previously refunded in related proceedings. The attorney’s remarks and the board’s affidavit indicate the county is continuing to pursue procedural remedies in the affected cases.
