Town of Boligee v. Greene County Water & Sewer Authority

I concur fully in the main opinion. I write specially to address an argument made by the Greene County Water and Sewer Authority (“the Authority”) but not discussed in the main opinion.

The Authority argues that “Mayor Olay-iwola surely possessed the apparent authority to act on behalf of the Town of Boligee.” Authority’s brief, at 16. The Authority reasonably construes the trial court’s judgment as containing a conclusion that the mayor possessed the apparent authority to enter into the contract at issue in this case. However, the theory of implied authority is not applicable under the facts…