Local Government
For almost four decades, elected and appointed officials and their staffs have depended on Denmark Ashby Attorneys. They know they can trust Denmark Ashby to offer insightful solutions to their problems – both the ordinary and the extraordinary challenges that face all local governments on a daily basis.
For a client, one of the most important attributes a lawyer can possess is an intimate understanding of his or her business. In Georgia, few firms have more comprehensive experience handling the legal affairs of local governments than Denmark Ashby Attorneys.
We have served as general counsel to scores of local governments over the decades. City councils, county boards of commissioners, and independent authority boards have voted to appoint us as their lawyers. In this role, we have helped our clients navigate large and complex problems as well as the routine matters they encounter daily. We have developed considerable expertise serving in this role which we can now offer to your local government.
Denmark Ashby currently serves as the appointed city attorney for the cities of Camilla, College Park, Lake City, Jonesboro, Lithonia, McDonough, and Stonecrest. We serve as general counsel to the Clayton County Water Authority, Stockbridge Citywide Development Authority, Hapeville Development Authority, Jackson Downtown Development Authority, Stonecrest Urban Redevelopment Agency, and the Jonesboro Development Authority. In addition, Denmark Ashby Attorneys handles significant work for Clayton County Public Schools, the City of Jackson, the City of South Fulton, the City of Chamblee, and Henry County.
We have acted as issuer’s counsel for 100’s of bond transactions since 2001. Denmark Ashby Attorneys list of bond and capital improvement projects is extensive. We have helped clients collectively with nearly $10 billion in financing. These transactions include a multitude of various issuing bodies, development projects, and public improvements. A few include the coordination and acquisition of property; construction contract; and issuance of bonds for long term finance for:
- Gateway Center Arena at College Park
- Jonesboro Municipal Complex
- City of Stonecrest Public Buildings
- Fort Gillem
- E. L. “Ed” Huie Jr. Natural Treatment Systems
- Panhandle Road Constructed Wetlands
- College Park Georgia International Convention Center
- McDonough City Hall
- Jonesboro Police Station
- B. Casey Water Reclamation Facility
Denmark Ashby has substantial experience in real estate matters in a way especially relevant to you. Many lawyers handle “real estate matters,” but very few have done so in the context of purchasing or disposing of governmental properties. Even fewer have combined these with economic redevelopment opportunities. These transactions, from concept to completion, have considerations in addition to normal real estate transactions. It is a special duty of the local government lawyer to understand all of the relevant considerations and to ensure they have been properly evaluated.
The lawyers of Denmark Ashby have extensive trial and appellate experience at both the state and federal level, involving many important and significant matters and resulting in many precedent setting rulings. Since it is axiomatic that only a small portion of matters that are tried are subsequently appealed.
Denmark Ashby has extensive experience resolving complicated election issues, including resolving Election Day disputes and uncertainties and the successful litigation of numerous election challenges. This includes working with the city and the county election superintendents in accordance with intergovernmental agreements and the state election code. Denmark Ashby recently represented a local government in a residency dispute with a member of the governing body. He won the case in superior court and the appeal at the Georgia Supreme Court. We have also drafted and administered intergovernmental agreements between county election officials and municipalities.
We have worked with our clients to draft ordinances on virtually every area within the authority of local government. Our work is not limited to drafting the ordinance, but also includes comprehensively reviewing the city or county’s existing ordinances, researching recent legal developments that may affect the proposed enactment, and identifying similar enactments in neighboring jurisdictions. In drafting ordinances, we are mindful to attempt to avoid unintended consequences. Also, we are always aware of our responsibility to enforce as well as to draft ordinances. We keep in mind that an ordinance that cannot be easily and successfully enforced can be worse than no ordinance at all.
The Open Records Act presents local governments with a complicated scheme of requirements and exceptions that can be daunting. Denmark Ashby Attorneys has years of experience dealing with the Open Records Act and assists municipal clients in responding to citizen requests almost daily. Denmark Ashby Attorneys representation includes developing protocols and best practices to ensure adherence to the Act’s provisions and responding to staff questions in the time sensitive environment created by the Act. Our lawyers have defended municipalities in non-compliance proceedings initiated by the Georgia Attorney General’s office and litigated disputes in court. None of our clients have ever been found to be in violation of the Act.
Denmark Ashby Attorneys regularly advises its clients on the requirements of the Georgia Open Meetings Act, including the notice and advertisement requirements which apply to city councils and the various boards, authorities, and commissions that serve the city. We have assisted clients in establishing protocols and procedures to ensure compliance with the Act. Our knowledge and experience with the Open Meetings Act and its exceptions allow us to distinguish between discussions that may occur behind closed doors in executive session and those that must occur publicly in regular session. Not only have none of our clients ever been found to be in violation of the Act, it has never been seriously suggested that they may have done so.
Denmark Ashby Attorneys has a wealth of experience assisting its local government clients in code enforcement matters, including drafting and updating ordinances; adopting international codes and standards; litigating citations for violations of zoning ordinances; building and property maintenance codes, noise ordinances and fire codes. We have also litigated nuisance abatement cases where properties and business are in continual violation of theses standards.
Denmark Ashby Attorneys have written or amended countless contracts for our local government clients, including intergovernmental contracts between local governments. These contracts vary widely in scope and complexity. Denmark Ashby Attorneys have been instrumental in the negotiating process and contract review.
Denmark Ashby Attorneys provides comprehensive representation to our clients on personnel and employment matters. In addition to preparing employment contracts, we have drafted personnel manuals used by local governments and ensured that existing policies are current with changes in state and federal law. Our services also include rendering day-to-day advice to department heads and human resources administrators on implementing personnel procedures and carrying out employee discipline. We provide advice and representation during investigations and employee grievance hearings. Finally, we have considerable experience with EEOC complaints, investigations and mediations.
Denmark Ashby Attorneys has substantial experience in preparing and reviewing the legal arrangements of our local government clients in construction and renovation projects. We have overseen the legal requirements of scores of local government buildings and improvements and we have carried these projects to completion. Over the years, Denmark Ashby has handled litigation arising from construction projects undertaken by municipalities.
Denmark Ashby Attorneys has been representing local government clients with their condemnation needs for decades, having filed hundreds of condemnations on behalf of the Clayton County Water Authority, the Clayton County Board of Commissioners and the cities of College Park, Hapeville, McDonough, Fairburn, Union City, Riverdale, Jonesboro as well as many others. Over the years we have become experts in non-voluntary accusation of property to facilitate public projects.
Denmark Ashby Attorneys is one of the preeminent zoning law firms in the state. We have been responsible for handling the legal details for several Developments of Regional Impact (DRI’s) involving hundreds of millions of dollars of residential and commercial development, including the City of College Park’s current 350-acre mixed-use development known as Six West (formerly known as Airport City). Denmark Ashby also created the first Tax Allocation District (TAD) in Clayton County.
Denmark Ashby has been responsible for drafting and enforcing numerous zoning codes and ordinances and all the related regulatory adjuncts. We have an unparalleled reputation among private property developers in moving projects forward. Our experience in working with private developers gives us a unique perspective for our representation of local governmental clients. Understanding the motives and practices of private developers is an invaluable asset in assessing development opportunities presented to local government clients.
We have handled many precedent setting rulings. Denmark Ashby Attorneys has resolved scores of claims against our clients by finding unique solutions to the problems presented. Many law firms can litigate; however, Denmark Ashby Attorneys problem-solving ability often allows us to settle claims without lengthy litigation, saving our clients thousands of dollars in legal fees and ultimately more money in potential liability losses.
When creative solutions and dispute resolutions fail, Denmark Ashby has the legal expertise to litigate and stands prepared to do so. Our track record proves we can win in the courtroom. Denmark Ashby Attorneys routinely litigates cases in Georgia’s Superior Courts and in U.S. District Courts. The cases are widely varied and include real estate and construction litigation, employment, contracts and procurement, open government and taxation. The firm’s attorneys have also handled class action lawsuits in federal court where claimants asserted constitutional and civil rights violations against government entities. Our representation has encompassed all phases of litigation, from the initial pleadings and discovery to dispositive motions and trial. Denmark Ashby has also successfully taken appeals to the Georgia Supreme Court and the U.S. Eleventh Circuit Court of Appeals.