Georgia Code
Chapter 33 - Liability of Municipal Corporations for Acts or Omissions
§ 36-33-2. Liability for Failure to Perform Discretionary Act

Where municipal corporations are not required by statute to perform an act, they may not be held liable for exercising their discretion in failing to perform the act.
History. Civil Code 1895, § 747; Civil Code 1910, § 896; Code 1933, § 69-302.
History of Code section.
This Code section is derived from the decision in Gaskins v. City of Atlanta, 73 Ga. 746 (1883).
Cross references.
Immunity of municipalities and officers or employees thereof for damages resulting from inspections or other actions taken or not taken pursuant to fire protection laws, § 25-2-38.1 .
Liability of municipalities for defects in public roads, § 32-4-93 .
Law reviews.
For note, “Adverse Possession of Municipal and County Property Held for Proprietary Purposes: The Unique Georgia Development,” see 7 Ga. St. B. J. 482 (1971).
For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).

Structure Georgia Code