Fulton County v. Legacy Inv. Group, LLC

In Fulton County v. Legacy Inv. Group, LLC, 296 Ga. App. 822, 828 (6) (676 SE2d 388) (2009), a builder alleged a county ordinance was void on its face and as applied, because it banned, or debarred, the builder from doing business in Fulton County without due process of law and because of other flaws. Id. at 823. Fulton County issued but later withdrew a debarment notice to the builder, but the ordinance remained on the books. The Court found the challenge to the ordinance was not moot: While a petition seeking a declaration that a particular debarment notice was void would presumably be rendered moot by the withdrawal of the notice, the builder did not seek a declaration that the November 30, 2006 debarment notice was void. Instead, the builder sought a declaration that the ordinance itself is unconstitutional. This challenge to the overall enforceability of the ordinance, which is still the law, was not rendered moot by the withdrawal of the debarment notice. Id. at 828 (6).