Legal Opinion

Barkley v. City of Rome

Supreme Court of Georgia

Decided July 13, 1989No. 46957PublishedCited by 11 opinions

1Opinion of the Court

Smith, Justice.

As a taxpayer of the City of Rome, appellant brought this action seeking a permanent injunction against the City to prohibit it from entering into a multi-year lease purchase contract for equipment. Appellant contends that the contract constitutes a “debt” within the meaning of Art. IX, Sec. V, Par. I of the 1983 Georgia Constitution and therefore requires voter approval. In addition, appellant seeks a declaration that OCGA § 36-60-13 is unconstitutional insofar as it purports to authorize such a lease agreement. The trial court denied appellant’s motions for injunctive and…

2Cases cited1 opinion

  1. City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899

3Cited by11 opinions

  1. Wayne County Citizens Ass'n for Better Tax Control: Outlaw v. Wayne County Board of CommissionersSupreme Court of North Carolina · 1991
  2. Carr-Gottstein Properties v. StateAlaska Supreme Court · 1995
  3. Greene County School District v. Circle Y Construction, Inc.Supreme Court of Georgia · 2012
  4. Bauerband v. JACKSON COUNTY BD. OF COM'RSSupreme Court of Georgia · 2004
  5. CSX Transportation, Inc., National Raliroad Passenger Corp. v. The City of Garden City, Arco, Inc.Court of Appeals for the Eleventh Circuit · 2003

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