Kelley v. City of Griffin

Hunt, Justice.

The question presented by this appeal is whether the City of Griffin may constitutionally condemn the Kelleys’ 116.54 acres of land in Spalding County to provide for future expansion of its sewer system. The Kelleys moved to dismiss the proceedings on two grounds. First, they claim that since their land lies beyond the city limits of Griffin, the city may not condemn absent a written agreement with the county to provide for such services. Such an agreement does not exist. Second, they contend that the City of Griffin has abused the power of eminent domain because the need for…