Legal Opinion · Dissent

Bell South Telecommunications, Inc. v. Widner

Court of Appeals of Georgia

Decided December 3, 1997No. A97A1596Published

1DissentEldridge, Judge

I respectfully dissent.

Bell South is a public utility or a related entity, operating under a certificate of public convenience granted by the Georgia Public Service Commission allowing it, or the related entity from which it derives its rights to construct and maintain a telephone system within the meaning of OCGA §§ 46-5-1; 46-5-41 et seq. As a consequence of its status as a utility, Bell South .has the right of use of county, municipal, and state roads and streets in the exercise of its franchise, unlike non-utilities. See generally Blue Ridge Tel. Co. v. City of Blue Ridge, 161 Ga. App.…

2Cases cited43 opinions

  1. City Council v. TharpeSupreme Court of Georgia · 1901
  2. Peachtree-Cain Co. v. McBeeSupreme Court of Georgia · 1985
  3. Lewis v. Citizens & Southern National BankCourt of Appeals of Georgia · 1976
  4. PPG Industries, Inc. v. GensonCourt of Appeals of Georgia · 1975
  5. Atlantic Coast Line Railroad v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1904

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