Bryan County v. Home Builders Assoc. of Savannah

Issue

Whether the Court should reject the doctrine of associational standing. Associational standing is a classic form of representational standing, which permits a trade association assert the legal rights of one or more of its members for the purpose of securing redress for the represented nonparties/members.

April 21, 2025

The Restaurant Law Center, together with the Georgia Restaurant Association and twelve other state and national organizations, argue that this case is not a good vehicle for the Court to revisit whether associational standing is consistent with the state constitution. In addition, the groups argue that, when the time comes, the Court should adhere to its recognition of associational standing. We emphasize that associational standing permits the more efficient litigation of many justiciable disputes, and the expertise and resources that trade associations bring to bear in these disputes is a benefit not only to their members, but also to the courts. And, in some instances, associational standing allows the presentation and resolution of important issues that otherwise might never be brought to the courts, such as in litigation against the government on behalf of companies and individuals who could be exposed to regulatory retaliation if they brought suit individually.

June 24, 2025

The Georgia Supreme Court issued a summary disposition remanding the case back to the trial court to reassess the Association’s standing given a recent ruling in another case in which the Georgia Supreme Court issued a decision overruling precedents recognizing associational standing. The Court in the other case held the possibility that “there might be some other form of standing compatible with the Georgia Constitution that associations may be able to assert.” However, at this time, there is no associational standing in Georgia.