School Law
Denmark Ashby Attorneys has worked for School Districts for decades, staying abreast of state and federal laws which regulate schools and local governments as well as monitor changes in the law pursuant to court decisions because school and local government law is what we do. Clients benefit from our specialized knowledge and years of experience.
Our lawyers have defended school districts and other local government entities on claims alleging discrimination under Title VII of the Civil Rights Act of 1964. This includes the complaint process with the Equal Employment Opportunity Commission (“EEOC”) and on-site investigations conducted by the EEOC; moreover, our representation has extended to successfully defending cases filed in the U.S. District Court and the U.S. Court of Appeals for the Eleventh Circuit.
We have advised various superintendents, administrators, elected officials and in-house counsel through very tumultuous times. Our work is varied in scope and touches on a variety of matters, including taxation and revenue considerations like a Special Purpose Local Option Sales Tax (“SPLOST”).
Denmark Ashby Attorneys has remained special counsel for the Clayton County Public Schools (“CCPS”) for over ten years, providing an extensive scope service; advising in a wide-range of personnel matters, such as termination of certified personnel under the Fair Dismissal Act. Our esteemed team of lawyers also render advice to CCPS on real property acquisitions, contracting and procurement matters and were instrumental in the passage of the 2009 Clayton County Educational SPLOST.
Denmark Ashby Attorneys played an enormous role in the reaccreditation of CCPS, by successfully litigating the case against a former school board member, which ultimately merited a favorable decision by the Georgia Supreme Court.
We provide General Counsel Services as well as specialized counsel in:
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
- “Ed” Huie Jr. Natural Treatment SystemPanhandle Road Constructed Wetlands
- College Park Georgia International Convention Center
- McDonough City Hall
- Jonesboro Police Station
- B. Casey Water Reclamation Facility
Denmark Ashby Attorneys 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.
Denmark Ashby Attorneys has represented numerous commercial and residential real estate developers in every aspect of real estate law. As an example of our breadth of experience, Fincher Denmark negotiated a $250 million mixed-use public/private real estate development for the City of College Park.
Denmark Ashby Attorneys has extensive experience resolving complicated election issues, including resolving Election Day disputes and uncertainties, and the successful litigation of numerous election challenges. Denmark Ashby Attorneys recently defended an elected official against an election contest. He won the case in Superior Court and the appeal at the Georgia Supreme Court.
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 local government 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 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 Attorneys 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 Board of Commissioners of Clayton County, the Cities of College Park, Hapeville, McDonough, Fairburn, Union City, Riverdale, Jonesboro, and many others. Over the years we have become experts in nonvoluntary 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 Airport City). Denmark Ashby Attorneys also created the first Tax Allocation District (TAD) in Clayton County.
Denmark Ashby Attorneys 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.
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 resolution fails, Denmark Ashby Attorneys 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 Attorneys has also successfully taken appeals to the Georgia Supreme Court and the U.S. Eleventh Circuit Court of Appeals.