Legal Opinion

City of Calhoun v. NORTH GEORGIA ELECTRIC MEMBERSHIP CORPORATION

Court of Appeals of Georgia

Decided July 2, 1993No. A93A0378, A93A0379PublishedCited by 3 opinions

1Opinion of the Court

Birdsong, Presiding Judge.

The City of Calhoun appeals from the grant of summary judgment to North Georgia Electric Membership Corporation in the City’s efforts to collect a franchise fee from North Georgia EMC pursuant to City Ordinance No. 361. The trial court found that the City could not collect a franchise fee in this case because there was no franchise agreement between the parties. Although prevailing on the merits, North Georgia EMC cross-appeals the trial court’s denial of the motion for summary judgment to the extent the motion contended the Georgia Territorial Electric Service Act…

2Cases cited3 opinions

  1. Chastain v. BakerSupreme Court of Georgia · 1986
  2. City of LaGrange v. Troup County Electric Membership Corp.Court of Appeals of Georgia · 1991
  3. Merrill v. EibergerCourt of Appeals of Georgia · 1991

3Cited by3 opinions

  1. City of Calhoun v. North Georgia Electric Membership Corp.Supreme Court of Georgia · 1994
  2. Athens-Clarke County v. WALTON ELECTRIC MEMBERSHIP CORPORATIONCourt of Appeals of Georgia · 1993
  3. City of MacOn v. Alltel Communications, Inc.Supreme Court of Georgia · 2004

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