NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court
 Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the
 opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any
 prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and
 official text of the opinion.



                 SUPREME COURT OF GEORGIA
                 Case No. S24G0359


                                                                            February 18, 2025


      The Honorable Supreme Court met pursuant to adjournment.

The following order was passed:

       CITY OF MADISON v. MORGAN COUNTY HOSPITAL
                       AUTHORITY.

      After careful consideration of the record and the briefs of the
parties, the Court has determined that the writ of certiorari issued
in Case No. S24G0359 was improvidently granted. Accordingly, the
writ is vacated, and the petition for certiorari in Case No. S24C0359
is denied.

      All the Justices concur.



                                       SUPREME COURT OF THE STATE OF GEORGIA
                                                  Clerk’s Office, Atlanta

                                          I certify that the above is a true extract from the
                                   minutes of the Supreme Court of Georgia.
                                          Witness my signature and the seal of said court hereto
                                   affixed the day and year last above written.



                                                                                            , Clerk
     BETHEL, Justice, concurring.

      We granted certiorari in this case to address whether a

governmental entity’s right to use property in a manner inconsistent

with municipal zoning ordinances pursuant to the entity’s sovereign

immunity is transferable to a subsequent purchaser. After

consideration of the full record and the parties’ arguments, however,

this case does not appear to provide a clear path to resolving that

question, so I agree with the Court’s decision to vacate the writ and

deny the City of Madison’s petition for certiorari. Nevertheless, I

write separately to emphasize my belief that the question

concerning the transferability of a governmental entity’s sovereign

exemption from zoning ordinances presents an issue of substantial

gravity regarding property rights and governmental zoning

authority. And when the proper case presents itself, I would be open

to granting review again to address this important question.

     I am authorized to state that Justice Warren and Justice

Pinson join in this concurral.