In a disappointing blow to trade associations across the state, the Supreme Court of Georgia got rid of associational standing, a legal doctrine that allowed associations in Georgia, like AGC of Georgia, to sue the government on behalf of its members. In the BRYAN COUNTY et al. v. HOME BUILDERS’ ASSOCIATION OF SAVANNAH, INC case, the court explicitly overruled its 1983 precedent recognizing this legal doctrine, which is still broadly recognized in federal courts, finding it is not permitted under the Georgia constitution.
AGC of America worked closely with AGC Georgia during the litigation and joined 12 other trade associations in filing an amicus brief supporting the continued use of associational standing. The brief emphasized the doctrine’s critical role in allowing trade groups to defend their members — especially when individual businesses may face retaliation or lack the resources to sue on their own.
There are still paths by which trade associations can represent their members in Georgia, including class action certification. AGC and its Georgia Chapter will continue to explore the new paths forward. Mike Dunham, Chief Executive Officer of AGC Georgia, says that “while the decision in the Bryan County case is disappointing, it’s important to recognize that the AGC of America and AGC Georgia leadership represent the members and bring the strong voice for the construction industry in Georgia.”
To support AGC litigation efforts, please consider donating to the Construction Advocacy Fund.
For additional information, please contact Spencer Phillips.