Legal Opinion · Dissent

Plantation Pipe Line Co. v. City of Bremen

Supreme Court of Georgia

Decided November 23, 1970No. 25873Published

1DissentHawes, Justice

While I concur in the judgment of reversal in this case, I do so upon firm conviction that the decision of the majority in Division 1 of the opinion and the conclusion reached therein are erroneous, and that the legislature, under the 1954 amendment to the Constitution, has no authority to delegate its legislative powers as respects the annexation of territory by municipal corporations.

Division 1 of the majority opinion is predicated upon the analysis therein made of the case of Phillips v. City of Atlanta, 210 Ga. 72 (77 SE2d 723). The legislation drawn in question in that case was section 3…

2Cases cited6 opinions

  1. Griffin v. VandegriffSupreme Court of Georgia · 1949
  2. Phillips v. City of AtlantaSupreme Court of Georgia · 1953
  3. Spence v. WatsonOregon Supreme Court · 1947
  4. DuPre v. City of MariettaSupreme Court of Georgia · 1957
  5. Schultz v. Upper Arlington CityOhio Court of Appeals · 1950

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