Doraville council unanimously approves joining brief to limit municipal liability in road-right-of-way cases

The Doraville City Council voted unanimously May 13 to approve a resolution authorizing the city to join an amicus brief arguing for a narrower application of municipal liability in a Georgia Supreme Court case involving a fatal crash and planters in the right-of-way.

City legal counsel summarized the court’s ruling in the Milton matter and explained the remaining question: whether an older 1960s-era line of cases can still be used to waive a city’s sovereign immunity. Counsel said the brief supports the view that only an express legislative waiver should create liability and that joining the brief would not create additional financial exposure for Doraville.

Mayor Garmon and council members asked about fiscal risk and were told by counsel that “Not at all. This is merely an argument about the law” and that Doraville would only be an additional signatory on the brief; any liability would remain limited to cases where the legislature had expressly waived immunity. Council then moved to approve “the resolution attached to the memo” and voted to adopt it by voice vote.

Why it matters: If the broader argument prevails, cities statewide would face fewer negligence claims tied to right-of-way features that are not within the narrow ministerial duties the courts require. Doraville officials said the action is intended to protect municipal interests and limit exposure for routine discretionary decisions about landscaping and right-of-way features.

Next steps: The city will notify its attorneys and be an additional signatory on the brief; there were no implementation steps or budgetary commitments tied to the council’s vote.