Holdover member of city planning and zoning board brought action against city, alleging city lacked to the authority to replace him with a successor without regard to cause. The trial court ruled that once member became a holdover member of the board, the city council could appoint a new member at any time without specific cause. Member appealed.
The Supreme Court of Georgia held that:
- City council was permitted to replace holdover member at any time by the appointment of a successor, and the protection of the removal-for-cause provision of city charter was not available to holdover member when the city did so, and
- Holdover member did not have a legitimate claim of entitlement to his position on the board once he became a holdover official, and thus, was not entitled to due process protections before the board appointed his successor.