Bethsaida Development, Inc. v. Charter Land & Housing Corp.

Hall, Justice.

This appeal, involving equitable relief sought by defendants in an interpleader action, was transferred to this court by the Court of Appeals.

The question presented is whether the City of Atlanta ("the city”), plaintiff in interpleader, should refund to Bethsaida Development, Inc. ("Bethsaida”) $47,634.91 paid by Bethsaida to the city to induce the passage of an ordinance for the construction of water mains benefiting a subdivision development, or whether the city should retain the funds and build the water mains, the benefit of which will now flow to the Fulton National Bank of…