Legal Opinion

City of Atlanta v. Brinderson Corporation

Court of Appeals for the Eleventh Circuit

Decided September 24, 1986No. 86-8156PublishedCited by 1 opinion

Non-Argument Calendar.

1Per curiam

The City of Atlanta sought a stay of arbitration and a declaratory judgment to avoid the express contractual requirement to arbitrate disputes concerning a contract for the construction and renovation of a wastewater treatment plant.

For the reasons set forth in the opinion of the district court, attached hereto as an Appendix, we hold that the City of Atlanta has the power to enter into a binding agreement in construction contracts to submit to arbitration disputes under the contract.

The provision in Georgia law which prevents one city council from binding by ordinance its successors “so as…

2Cases cited8 opinions

  1. City of Hartford v. American Arbitration Ass'nSupreme Court of Connecticut · 1978
  2. Horkan v. City of MoultrieSupreme Court of Georgia · 1911
  3. District of Columbia v. BaileySupreme Court of the United States · 1898
  4. E. E. Tripp Excavating Contractor, Inc. v. Jackson CountyMichigan Court of Appeals · 1975
  5. Brown v. City of East PointSupreme Court of Georgia · 1980

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3Cited by1 opinion

  1. Southern Constructors, Inc. v. Loudon County Board of EducationTennessee Supreme Court · 2001

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