The National Association of REALTORS® (NAR), in partnership with the Georgia Association of REALTORS®, Savannah Area REALTORS®, and 11 other Georgia and national trade associations filed an amicus brief in the Bryan County et al. v. Home Builders of Savannah, Inc. case before the Supreme Court of Georgia. The brief was filed in support of the Home Builders of Savannah to defend the legal doctrine of associational standing—a rule that allows associations to file lawsuits on behalf of its membership to challenge rules or regulations that impact membership without requiring an individual member to initiate a lawsuit.

The underlying case involves a dispute between the Home Builders of Savannah (on behalf of its members) and Bryan County, Georgia over the constitutionality of zoning ordinances and impact fees instituted by the county. The case is now before the Supreme Court of Georgia. In February, the court sua sponte (on its own) issued an order asking the parties to address the issue of associational standing following the January 2025 Georgia Supreme Court decision in Wasserman v. Franklin County, which eliminated third-party standing in Georgia courts. While the Wasserman decision did not address associational standing, the Georgia Supreme Court opinion included a footnote acknowledging that associational standing is “closely related” to third-party standing and questioning whether associational standing was proper under Georgia law.

Should the Court rule that associational standing no longer has a place in Georgia jurisprudence, decades of legal precedent allowing for trade associations to challenge rules or regulations on behalf of its membership will be upended. Further, there is fear that such a ruling could influence other jurisdictions to follow suit and dispose of associational standing as well. Therefore, NAR is happy to be part of the coalition of Georgia and national trade associations seeking to protect associational standing and the ability to defend its membership

NAR will continue to monitor the status of this case and provide updates accordingly.