Court Rules in Favor of Downtown Development Authority, City of Cairo’s Executive Session Deemed Unlawful

CAIRO, Ga. — The city has been ordered by a Grady County Superior Court to reverse its decision to dismiss several members from the Downtown Development Authority (DDA) after failing to adhere to the Georgia Open and Public Meetings Act. This ruling followed an executive session held on June 10, 2024, during which the city council voted to remove Nola Knighton Daughtry, Howard Thrower, III, Melinda Drew Johnson, and Hansell Bond Bearden without proper legal justification.

The lawsuit initiated by the affected DDA members revealed that the executive session was neither publicly announced nor included on the meeting agenda. Prior to litigation, the members sought to address their removal amicably, but their efforts were overlooked, prompting a formal legal challenge. Judge Richard M. Cowart ruled in favor of the plaintiffs, granting their request for a declaratory judgment.

Attorney Timothy Tanner, representing the plaintiffs, criticized the city’s decision-making process. He emphasized that the city had received prior information indicating their actions were incorrect yet chose to proceed with the dismissals. “The issue was whether the city would allow these individuals to fulfill their terms. They were clearly in error,” Tanner stated.

As a result of the court’s decision, the City of Cairo is responsible for covering the plaintiffs’ legal fees and expenses, alongside rescinding the dismissal. In court documents, it was indicated that government entities can incur litigation costs if defendants act in bad faith or unnecessarily complicate matters for plaintiffs.

The court noted that the justification cited by the city for the removals—concerning a supposed failure to take an oath—was unfounded, as there was no record of such an oath being required. This explanation was ultimately abandoned during the legal proceedings.

The plaintiffs have been instructed to file their legal costs with the court for an evaluation. Tanner expressed satisfaction with the ruling, highlighting the plaintiffs’ commitment to serving their community. “These individuals are dedicated volunteers who have put in extensive hours for Cairo. Their unlawful removal is regrettable, and while the ruling vindicates their stance, it is unfortunate that it necessitated legal action.”

Thrower, III, who chairs the Cairo Planning Commission, shared his eagerness to resume work on DDA projects that were stalled due to the dismissals. “We are looking forward to reviving those initiatives,” he said.

The Downtown Development Authority intends to reconvene soon, with a date to be announced, as members are keen to reinvigorate efforts to enhance downtown Cairo as an appealing place to live, work, and enjoy.

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