Narrative Opinion Summary
This case involves a legal dispute over the constitutionality of Cobb County Development Standard 409.01.02, which requires storm drainage systems in the county to be designed and approved by a registered civil engineer. The trial court initially found this requirement unconstitutional, citing a conflict with OCGA § 43-15-2 (6), which outlines the professional activities of land surveyors. However, the appellate court clarified that OCGA § 43-15-2 (6) is a definitional statute that does not limit storm drainage design to land surveyors, thereby allowing civil engineers to undertake such tasks. The court further underscored that civil engineers have explicit authorization under OCGA § 43-15-2 (10) and (11) to design these systems. Citing Grovenstein v. Effingham County, the court reasoned that a special law, such as the county standard, does not conflict with a general law if it enhances its operation. Consequently, the appellate court reversed the trial court's ruling on the unconstitutionality of the development standard, affirming its validity and alignment with state law, with all justices concurring in the judgment.
Legal Issues Addressed
Authority of Civil Engineers under OCGA § 43-15-2subscribe to see similar legal issues
Application: The court confirmed that civil engineers are authorized to design and approve storm drainage systems under OCGA § 43-15-2 (10) and (11), which supports the validity of the local standard.
Reasoning: Registered civil engineers are authorized by OCGA § 43-15-2 (10) and (11) to design and approve storm drainage systems.
Constitutionality of Local Development Standardssubscribe to see similar legal issues
Application: The court evaluated the constitutionality of Cobb County Development Standard 409.01.02, ultimately finding it consistent with state law and reversing the trial court's decision declaring it unconstitutional.
Reasoning: The trial court deemed this requirement unconstitutional, asserting that it conflicted with OCGA § 43-15-2 (6), which outlines the activities a professional land surveyor may perform.
Interpretation of OCGA § 43-15-2subscribe to see similar legal issues
Application: The court clarified that OCGA § 43-15-2 (6) is a definitional statute and does not reserve the ability to design storm drainage systems exclusively for land surveyors, allowing civil engineers to perform such tasks.
Reasoning: However, the court clarified that OCGA § 43-15-2 (6) is a definitional statute and does not reserve these activities exclusively for land surveyors.
Relationship Between Special and General Lawssubscribe to see similar legal issues
Application: By referencing precedent, the court determined that a special law enhancing a general law's operation does not conflict with it, thereby supporting the alignment of the local standard with state law.
Reasoning: The court referenced Grovenstein v. Effingham County, asserting that a special law does not conflict with a general law if it enhances rather than obstructs the general law's operation.