concurring specially.
The majority holds that (a) state owned governmental property is not subject to local zoning ordinances (Division 1), (b) the expenditure of state funds to construct these prisons in Henry County does not violate the appropriations Act (Division 2), (c) a prison is not a nuisance per se (although its operation might make it so) *843and hence its construction will not be enjoined (Division 4), (d) a property owner whose property is not condemned (i.e., taken) cannot enjoin the construction of a public work (Division 5) and cannot recover damages for the loss in value of his property caused by the public work (Division 6), and (e) the state is not required by law to obtain the approval of a county to construct a prison within the county (Division 7).
In passing, the majority also rely upon the doctrine of sovereign immunity (Division 3). That reliance is, I respectfully submit, mere dicta, repeated time and again out of habit rather than analysis. This case can and should be dismissed on grounds (a) through (e) above (Divisions 1-9, except 3) without reference to sovereign immunity. If the sovereign immunity defense was sufficient, then it would not be necessary to discuss a half dozen other defenses.
Sovereign immunity is treated in this case as an independent basis for dismissal whereas it is actually dependent upon the other conclusions. That is to say, if the law were otherwise than as stated in Divisions 1,2,4, 5,6 and 7, then there would be no sovereign immunity here.
For example, let us suppose that the rule were contrary to that stated in Division 6; i.e., suppose that the rule is that a property owner whose property is adjacent to a public work can recover damages for the depreciation in value of his property caused by the public work even though no part of his property is condemned. That is not the law but it could be under Code Ann. § 2-301.
However, if that were the law, clearly there would and could be no sovereign immunity from paying the damages required by that rule. Similarly, there would be no sovereign immunity from expending state funds in violation of the appropriations Act. See State of Ga. v. MacDougall, 139 Ga. App. 815 (229 SE2d 667) (1976), affirmed, MacDougall v. State of Ga., 238 Ga. 406 (233 SE2d 378) (1977). Although I agree with the majority opinion except as to Division 3, that division is mere boilerplate and should not be considered as correct if in building these prisons the state were violating either the Constitution or laws of this state.
So long as the state and its officials obey the *844Constitution and law they are immune from liability but neither the state nor its officials can violate the Constitution or law and successfully claim immunity. If they can, then the Constitution which was created to protect the people is incapable of doing the job it was designed to do. I reject the proposition which the majority impliedly adopt that the state and its officers cannot be required to obey the law.