Higdon v. City of Senoia

Carley, Justice,

concurring.

I can concur in the majority’s opinion in captioned cases because the Court’s only constitutional holding is that OCGA §§ 36-70-24 (4) (C) and 36-36-11 do not violate Article IX, Section II, Paragraph IV of the 1983 Georgia Constitution. Although amicus curiae present a viable argument that those statutes violate Article VI, Section I, Paragraph I of the Constitution because they unlawfully delegate the exclusive judicial power of the courts to a dispute resolution process, that constitutional issue was not ruled on by the trial court and is not properly before this Court.

I am authorized to state that Justice Hines joins in this opinion.