Brissey v

Ellison, 272 Ga. 38, 526 S.E.2d 851, 2000 Ga. LEXIS 77 (2000). Existence of standing under the statute depended upon whether the appellees owed a public duty which appellants, as members of the public, were entitled to have enforced. Adams v. Ga. Dep’t of Corr., 274 Ga. 461, 553 S.E.2d 798, 2001 Ga. LEXIS 794 (2001). District attorney lacked standing to seek a writ of mandamus to prevent a sentencing panel from performing its official duties, based on an allegation that the legislation pursuant to which it acted was unconstitutional; the panel did not have a public duty, enforceable by means of a writ of mandamus, to initiate and pursue litigation which challenged the constitutionality of its statutory authority to reduce certain criminal sentences, however, the district attorney did have standing to seek an injunction preventing the enforcement of former O.C.G.A. § 17-10-6 on constitutional grounds. Moseley v. Sentence Review Panel, 280 Ga. 646, 631 S.E.2d 704, 2006 Ga. LEXIS 444 (2006). Ultra vires activity by municipality established. — Participants, pension 9-6-24 board members, and advocates were authorized to file a declaratory judgment action seeking injunctive relief on behalf of municipal pension funds against the City of Atlanta, as the participants, members, and advocates alleged ultra vires conduct by the city under O.C.G.A. § 9-624; the refusal by the city to recognize, implement, or cooperate with the pension boards’ decisions to hire a third party administrator and an outside counsel fell outside the scope of the city’s lawful powers because Georgia law did not grant the city authority to approve these decisions by the pension board. City of Atlanta v. S. States Police Benevolent Ass’n, 276 Ga. App. 446, 623 S.E.2d 557, 2005 Ga. App. LEXIS 1282 (2005), cert. denied, No. S06C0609, 2006 Ga. LEXIS 314 (Ga. May 8, 2006). Taxpayer could seek to compel state revenue commissioner to accept tax returns. — In a gas company’s suit against the state revenue commissioner for mandamus compelling the commissioner to accept its property tax returns under O.C.G.A. §§ 48-1-2(21) and 48-5511(a), remand was proper to determine if the company had an acceptable alternative remedy in its pending county tax appeals under O.C.G.A. § 48-5-311, as required by O.C.G.A. § 9-6-20, if the commissioner could be made a party to those appeals by joinder or some other procedure. Southern LNG, Inc. v. MacGinnitie, 294 Ga. 657, 755 S.E.2d 683, 2014 Ga. LEXIS 168 (2014).