Legal Opinion
North Georgia Electric Membership Corp. v. City of Calhoun
Supreme Court of Georgia
Decided November 28, 1994No. S94A1009PublishedCited by 1 opinion
1Opinion of the Court
Hunstein, Justice.
This is the second appearance of these parties before this Court. City of Calhoun v. North Ga. EMC, 264 Ga. 205 (443 SE2d 469) (1994) held that the City of Calhoun (“City”) could not collect a franchise fee of four percent of gross sales by North Georgia Electric Membership Corporation (“NGEMC”) to its customers within the city limits pursuant to an ordinance (Ordinance No. 361) authorizing the grant of a street franchise to NGEMC in exchange for its agreement to pay the franchise fee because there existed no enforceable contract between the City and NGEMC. In response to…
2Cases cited8 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Wright v. HirschSupreme Court of Georgia · 1923
- City of Calhoun v. North Georgia Electric Membership Corp.Supreme Court of Georgia · 1994
- Lake Lanier Theatres v. Hall CountySupreme Court of Georgia · 1972
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3Cited by1 opinion
- City of Arab v. Cherokee Electric CooperativeSupreme Court of Alabama · 1995