DeKalb County v. State’s Empirical Analysis

Citation profile

14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Laws prescribe ... for the future; they cannot impair the obligation of contracts, nor, ordinarily, have a retrospective operation.” OCGA§ 1-3-5____But, a statute does not operate retrospectively in its legal sense simply “ ‘because it relates to antecedent facts, ... it [must be] intended to affect transactions which occurred or rights which accrued before it became operative as such, and which ascribe to them essentially different effects, in view of the law at the time of their occurrence.’ ” Appalachee Enterprises v. Walker, 266 Ga. 35 (2) ( 463 SE2d 896 ) (1995) (quoting Ross v. Lettice, 134 Ga. 866, 868 ( 68 SE 734 ) (1910)). That is, retrospective operation “ ‘takes away or impairs vested, rights acquired under existing laws or creates a new obligation, imposes a new duty, or attaches a new liability in respect to transactions or considerations already past.’ ” Appalachee Enterprises, supra at 37 (quoting Ross, supra). See also Coastal Ga. Regional Dev. Center v. Higdon, 263 Ga. 827, 830 (2) ( 439 SE2d 902 ) (1994). But where the statute merely cures defects, enforces existing obligations, or confirms existing rights, it does not impair the substantive rights of the party and is not void. Seaboard Air-Line R. Co. v. Benton, 175 Ga. 491,498 (3) ( 165 SE 593 ) (1932); Byers v. Black Motor Co., 65 Ga. App. 773, 779 ( 16 SE2d 478 ) (1941).”

   1 later decision quote this exact passage
   e.g. Fowler Properties, Inc. v. Dowland

2. “[A] statute does not operate retrospectively in its legal sense simply because it relates to antecedent facts, it must be intended to affect transactions which occurred or rights which accrued before it became operative as such, and which ascribe to them essentially different effects, in view of the law at the time of their occurrence.”

   1 later decision quote this exact passage
   e.g. Harrell v. City of Griffin