Full Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ October 29, 2026 The Court of Appeals hereby passes the following order: A27D0247. KENNETH R. COVEY v. COLUMBIA COUNTY, GEORGIA. Following a trial in magistrate court, Kenneth Covey was convicted of violating a Columbia County local ordinance. Covey filed a petition for review to the superior court, asserting that the ordinance, as applied, violated the Georgia Constitution because it was a local law that conflicted with and was thus preempted by state law. The superior court denied the petition for review, and Covey filed this timely application seeking discretionary review. We lack jurisdiction. The Supreme Court of Georgia “has exclusive jurisdiction over all cases involving construction of the Constitution of the State of Georgia and of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been called into question.” Atlanta Independent School System v. Lane, 266 Ga. 657, 657(1) (469 SE2d 22) (1996) (citing Ga. Const. of 1983, Art. VI, Sec. VI, Par. II (1)). This exclusive jurisdiction extends “only to constitutional issues that were distinctly ruled on by the trial court and that do not involve the application of unquestioned and unambiguous constitutional provisions or challenges to laws previously held to be constitutional against the same attack.” State v. Davis, 303 Ga. 684, 687(1) (814 SE2d 701) (2018) (quotation marks omitted). Covey argued before the superior court that if the language of the local ordinance was construed to impose strict liability, it violated the Georgia Constitution because it was a local law that conflicted with and was thus preempted by state law. The superior court ruled that the ordinance imposed strict liability and authorized Covey’s conviction. Thus, it is possible that the superior court’s order was “effectively a distinct ruling on the constitutional issues.” Rouse v. Dept. of Natural Resources, 271 Ga. 726, 728(1) (524 SE2d 455) (1999). See also Willis v. City of Atlanta, 285 Ga. 775, 775–76(1) & (2) (684 SE2d 271) (2009) (the Supreme Court’s exclusive jurisdiction over constitutional challenges to ordinances was implicated by the appellants’ argument that a local ordinance violated the Georgia Constitution because it was a local law that conflicted with and was thus preempted by state law); Hancock County v. Williams, 230 Ga. 723, 724(1) (198 SE2d 659) (1973) (explaining that trial court’s ruling sufficiently passed upon the constitutionality of a statute to invoke the Supreme Court’s jurisdiction). Covey reiterated this constitutional argument in his application brief. Thus, it is possible that this case implicates the Supreme Court’s exclusive jurisdiction over constitutional questions. As that Court has the ultimate responsibility for determining appellate jurisdiction, see Saxton v. Coastal Dialysis & Med. Clinic, 267 Ga. 177, 178 (476 SE2d 587) (1996), this case is hereby TRANSFERRED to the Supreme Court of Georgia for disposition. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/29/2026 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature an d t he seal of said court hereto affixed the day and year last above written. , Clerk.