Legal Opinion
DuPre v. City of Marietta
Supreme Court of Georgia
Decided July 3, 1957No. 19741PublishedCited by 9 opinions
1Opinion of the Court
Duckworth, Chief Justice.
The charter of the City of Marietta invests its mayor and council with wide general powers to “open, improve, change or close” streets of the city. Ga. L. 1904, pp. 519, 528, § 24. This power is broad enough to authorize them to exercise poor judgment so long as it is their judgment and is not capricious and arbitrary in opening and locating streets anywhere within the city. It is not permissible for courts to substitute the court’s judgment for that of the mayor and council in such matters. Danielly v. Cabaniss, 52 Ga. 211 (4); Keely v. City of Atlanta, 69 Ga. 583;…
2Cases cited7 opinions
- Botts v. Southeastern Pipe-Line Co.Supreme Court of Georgia · 1940
- Schofield v. BishopSupreme Court of Georgia · 1941
- Kirkland v. JohnsonSupreme Court of Georgia · 1953
- Phillips v. City of AtlantaSupreme Court of Georgia · 1953
- Danielly v. CabanissSupreme Court of Georgia · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Plantation Pipe Line Co. v. City of BremenSupreme Court of Georgia · 1970
- Jamison v. City of AtlantaSupreme Court of Georgia · 1969
- CITY OF BROOKHAVEN Et Al. v. CITY OF CHAMBLEECourt of Appeals of Georgia · 2014
- Goodman v. City of AtlantaSupreme Court of Georgia · 1980
- City of Atlanta v. MorganSupreme Court of Georgia · 1997
4 more not listed; retrieve them via the Exa API.