Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A23A1293. JONES v. CITY OF ATLANTA.

A. Thomas Jones filed the underlying class action lawsuit, which he

subsequently amended, alleging that certain City of Atlanta water and sewer use

ordinances were unconstitutional, and that the charges collectedunderthe ordinances

were illegal taxes.Jones argues, inter alia, that the ordinances are unauthorized under

the Georgia Constitution, violate constitutional due process protections and serve as

unjust takings without compensation. The City filed a motion for judgment on the

pleadings, and Jones filed a motion for partial summary judgment. The trial court

issued an order granting the City’s motion and denying Jones’s motion. Jones filed

a notice of appeal with this Court seeking review of the trial court’s order.1

The Supreme Court of Georgia “has exclusive jurisdiction over all cases

involving construction of the Constitution of the State of Georgia and of the United

States and all cases in which the constitutionality of a law, ordinance, or

1 This is the second appeal in the underlying case. See Jones v. City of Atlanta,

360 Ga.App. 152 (860 SE2d 833) (2021) (“JonesI”). In JonesI, Jones filed his appeal

with the Supreme Court of Georgia. See id. at 153. The Supreme Court transferred

the matter to this Court because that appeal was of the trial court’s order dismissing

the case for lack of jurisdiction due to Jones’s failure to “timely seek judicial review

of Appellee’s Water and Sewer Board’s denial of his refund request,” and therefore

the trial court erred in reaching an alternative determination that the City’s

ordinances were constitutional.ThisCourt“reverse[d]the trial court’s determination

that it lacked jurisdiction” and remanded the matter to the trial court. See id. at 157.

February 08, 2024
constitutional provision has been called into question.” Atlanta Independent School

System v. Lane, 266 Ga. 657, 657 (1) (469 SE2d 22) (1996) (citing Ga. Const. of

1983, Art. VI, Sec. VI, Par. II (1)). This exclusive jurisdiction extends “only to

constitutional issues that were distinctly ruled on by the trial court and that do not

involve the application of unquestioned and unambiguous constitutional provisions

or challenges to laws previously held to be constitutional against the same attack.”

State v. Davis, 303 Ga. 684, 687 (1) (814 SE2d 701) (2018) (citation and punctuation

omitted). Here, the trial court expressly rejected Jones’s claims that the ordinances

are unconstitutional, and his claims appear to present an issue of first impression.

Asthe Supreme Court hasthe ultimate responsibility for determining appellate

jurisdiction, see Saxton v. Coastal Dialysis & Med. Clinic, 267 Ga. 177, 178 (476

SE2d 587) (1996), this appeal is TRANSFERRED to the Supreme Court for

disposition. 

Court of Appeals of the State of Georgia

Clerk’s Office,Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

02/08/2024