Sanks v. Georgia

As a condition precedent to making a defense against a summary eviction proceeding, Georgia law provided that the tenant post a surety bond for double the amount due at the end of the trial, the landlord becoming entitled to such double rent should the tenant lose his case. Following the Georgia Supreme Court's upholding of that statutory scheme over due process and equal protection challenges by appellants, indigent tenants seeking to contest summary eviction, appellants left the premises their landlords initially sought to recover, and entirely new legislation was enacted containing neither the bond-posting nor double-rent requirement.

Held: These ensuing developments make it inappropriate for the Court to resolve the issues originally raised by appellants since it cannot be determined to what extent adjudication of those issues would be material to any further litigation ensuing on remand. Pp. 147-153.

225 Ga. 88, 166 S.E. 2d 19, appeal dismissed and remanded.

HARLAN, J., delivered the opinion of the Court, in which BURGER, C.J., and DOUGLAS, BRENNAN, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. BLACK, J., filed a statement concurring in the judgment, post, p. 153.

Michael D. Padnos reargued the cause for appellants. With him on the brief were Nancy S. Cheves and John William Brent.

Alfred L. Evans, Jr., Assistant Attorney General of Georgia, reargued the cause for appellees. With him on the brief were Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, and A. Joseph Nardone, Jr., Assistant Attorney General.

Frank B. Zeigler filed a brief for the Legal Aid Office of Savannah, Inc., as amicus curiae urging reversal.