Macon County v. City of Oglethorpe

Undercofler, Justice.

The City of Oglethorpe sought to enjoin Macon County from constructing a new road through its territory without its consent. Macon County in its answer admitted the construction of the road but averred that said road was not a part of the city’s street system, that it would become a functioning part of the State Highway System, and that the action of the city in refusing approval thereof was in bad faith, unreasonable and an abuse of discretion. The trial court granted a motion to strike all defenses except the generafaenial and enjoined the construction until consented…