Significant Cases

Dana Maine and William Linkous Obtain Summary Judgment in Firearms Zoning Case

Dana Maine and William Linkous obtained a favorable result in the Fulton County Superior Court for the client City of Sandy Springs which had denied Plaintiffs a home occupation business license to sell and distribute…

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Dana Maine and William Linkous obtained a favorable result in the Fulton County Superior Court for the client City of Sandy Springs which had denied Plaintiffs a home occupation business license to sell and distribute firearms.

On behalf of our client, Ms. Maine and Mr. Linkous prevailed on a motion for summary judgment before the Superior Court on all counts filed by Plaintiffs, which primarily included a claim under O.C.G.A. § 16-11-173, which prohibits local governments from regulating the sale of firearms.

Judge Kelly Lee Ellerbe agreed with the arguments made by Ms. Maine and Mr. Linkous that Plaintiff Eun’s admission that he moved out of the City of Sandy Springs before the City denied his request for a home occupation business license deprived Plaintiffs of standing to bring their suit against the City and the Court also noted that Plaintiff Eun’s corporation had failed to state a claim against the City. An appeal or motion for reconsideration is possible.

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