Twiggs County v. Atlanta Gas Light Co.

Fletcher, Justice.

Twiggs County seeks to uphold the validity of a county resolution and ordinance that regulate the use of county roads by utilities. Since both enactments exceed the county’s authority, we affirm the trial court’s injunction against their enforcement.

In 1987, Twiggs County encountered problems with damage to its roads from the use of county roads and rights-of-way by utilities. The Twiggs County Board of Commissioners passed a resolution that terminated permission or licenses given utilities to use the county rights-of-way for poles, lines, or any other purpose until further…