Legal Opinion

AMOS PLUMBING AND ELECTRIC CO. v. Bennett

Supreme Court of Georgia

Decided January 9, 1992No. S91A1400PublishedCited by 4 opinions

1Opinion of the Court

Fletcher, Justice.

Amos Plumbing and Electric Company, a private water system owner, sued Forsyth County seeking an injunction to prevent the construction of the county water system in two subdivisions and damages for the taking of property without compensation in violation of the Georgia Constitution. The trial court denied the injunction and dismissed the damages claim for failure to state a claim. The sole issue on appeal is whether the county’s installation of a competing water system is a taking or damaging of property that requires compensation under the Georgia Constitution. Finding no…

2Cases cited5 opinions

  1. Helena Water Works Co. v. HelenaSupreme Court of the United States · 1904
  2. Skaneateles Water Works Co. v. SkaneatelesSupreme Court of the United States · 1902
  3. City of Jackson v. Creston Hills, Inc.Mississippi Supreme Court · 1965
  4. Stillings v. City of Winston-SalemSupreme Court of North Carolina · 1984
  5. Alford v. City of DentonCourt of Appeals of Texas · 1977

3Cited by4 opinions

  1. Clare v. Florissant Water & Sanitation DistrictColorado Court of Appeals · 1994
  2. Clare v. Florissant Water & Sanitation DistrictColorado Court of Appeals · 1994
  3. Clare v. Florissant Water & Sanitation DistrictColorado Court of Appeals · 1994
  4. Jones v. Putnam CountyCourt of Appeals of Georgia · 2008

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