Legal Opinion

City of Buford v. Georgia Power Co.

Supreme Court of Georgia

Decided May 19, 2003No. S03A0089PublishedCited by 3 opinions

1Opinion of the Court

Fletcher, Chief Justice.

This appeal involves the constitutionality of the City of Buford’s moratorium on the construction of electric power substations. The trial court held that the ordinance establishing the moratorium was preempted by state law and enjoined its enforcement. Because the City’s ordinance conflicts with state law giving the Public Service Commission exclusive authority to regulate the business activity of Georgia Power, it is preempted by state law. Therefore, we affirm the trial court.

In 2002, the City of Buford enacted an ordinance that placed a one-year moratorium on the…

2Cases cited5 opinions

  1. Franklin County v. Fieldale Farms Corp.Supreme Court of Georgia · 1998
  2. City of Atlanta v. S.W.A.N. Consulting & Security Services, Inc.Supreme Court of Georgia · 2001
  3. Cobb County v. Georgia Transmission CorporationSupreme Court of Georgia · 2003
  4. City of Doraville v. SOUTHERN RAILWAY COMPANYSupreme Court of Georgia · 1971
  5. Rabun County v. Georgia Transmission Corp.Supreme Court of Georgia · 2003

3Cited by3 opinions

  1. Gebrekidan v. City of ClarkstonSupreme Court of Georgia · 2016
  2. City of MacOn v. Alltel Communications, Inc.Supreme Court of Georgia · 2004
  3. Georgia Public Service Commission v. TurnageSupreme Court of Georgia · 2008

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